IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


1.1 


11.25 


Uit2A    125 

IS  U£    12.0 


I 


1.4    ILb 


-    6" 


PholDgraphic 

Sciences 

Corporation 


<>.  <5X  ^\" 


as  WIST  MAIN  STMIT 

WiBSTER.N.Y.  MS80 

(716)  •72-4503 


CIHM/ICMH 

Microfiche 

Series. 


CIHIVl/iCMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  IVIicroreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notoa/Notas  tachniquea  at  bibiiographiquaa 


Tha 
tot! 


Tha  inatituta  haa  attamptad  to  obtain  tha  baat 
original  copy  availabia  for  filming.  Faaturaa  of  thia 
copy  which  may  ba  bibllographically  uniqua. 
which  may  altar  any  of  tha  imagaa  in  tha 
raproduction,  or  which  may  aignlficantiy  changa 
tha  uaual  mathod  of  filming,  ara  chaciced  baiow. 


D 


Colourad  covara/ 
Couvartura  da  coulaur 


r~n   Covara  damagad/ 


D 


D 
D 


D 


n 


Couvartura  andommagAa 

Covara  raatorad  and/or  laminatad/ 
Couvartura  rastaurAa  at/ou  palliculAa 

Covar  titia  mlaaing/ 

La  titra  da  couvartura  manqua 


I     I   Coloured  maps/ 


Cartes  gAographiquas  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


I     I   Coloured  plates  and/or  illuatrations/ 


Planchaa  at/ou  illuatrations  en  couleur 

Bound  with  other  material/ 
RaliA  avac  d'autres  documents 

Tight  binding  may  cause  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serrAe  peut  causer  de  I'ombre  ou  de  la 
distortion  la  long  de  la  marge  IntArieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  poasibia,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  aJoutAes 
lors  d'une  restauration  apparaissent  dans  la  texte, 
meis,  lorsque  cela  Atait  possible,  ces  pages  n'ont 
pes  At*  fllmAes. 

Additional  comments:/ 
Commentaires  supplAmentalres: 


L'instltut  a  microfilm^  la  meilleur  exemplaire 
qu'il  lui  a  AtA  posaibia  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-Atre  uniques  du 
point  de  vue  bibllographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  mithoda  normale  de  filmage 
sont  indiqufo  ci-dessous. 


□   Coloured  pages/ 
Pages  de  couleur 


D 
D 
0 

D 
D 


D 


Pages  damaged/ 
Pages  endommagtes 

Pages  restored  and/or  laminated/ 
Pages  restaurAes  at/ou  palliculAes 

Pages  discoloured,  stained  or  foxed/ 
Pages  dtcolortes,  tachet6es  ou  piqutes 

Pages  detached/ 
Pages  d^tachies 

Showthrough/ 
Transparence 


The 
post 
ofti 
film 


Ori{ 
beg 
the 
sior 
oth( 
first 
sior 
or  11 


I      I    Quality  of  print  varies/ 


Quality  inAgale  de  I'impression 

Includes  supplementary  material/ 
Comprend  du  materiel  supplAmentaire 

Only  edition  available/ 
Seule  Edition  ditponible 


The 
she 
TIN 
whi 

Mai 
diff 
enti 
beg 
righ 
reqi 
met 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Les  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  ix4  filmtes  A  <iouveau  da  fapon  h 
obtenir  la  meilleure  image  possible. 


This  item  is  filmed  at  tha  reduction  ratio  checked  l»elow/ 

Ce  document  est  film*  au  taux  da  reduction  indiqu*  ci-dessous. 


10X 

14X 

18X 

22X 

26X 

SOX 

/ 

'J 

12X 


16X 


20X 


24X 


28X 


32X 


The  copy  filmed  hare  hat  b««n  raproducad  thanka 
to  tha  ganaroaity  of: 

University  of  British  Columbia  Library 


L'axamplaira  f  ilmA  f  ut  raproduit  grAca  A  la 
gAniroaitA  da: 

University  of  British  Columbia  Library 


Tha  imagaa  appaaring  hara  ara  tha  baat  quality 
poaalbia  conaldaring  tha  condition  and  laglblllty 
of  tha  original  copy  and  In  Icaaping  with  tha 
filming  contract  apacifieatlona. 


Laa  Imagaa  aulvantaa  ont  AtA  raproduitaa  avac  la 
plus  grand  soln,  compta  tanu  da  la  condition  at 
da  la  nattat*  da  l'axamplaira  film*,  at  an 
conformiti  avac  las  conditions  du  contrat  da 
fllmaga. 


Original  copiaa  in  printad  papar  covara  ara  fllmad 
beginning  with  tha  front  covar  and  anding  on 
tha  laat  paga  with  a  printad  or  illustratad  Impraa- 
slon.  or  tha  bacic  covar  whan  approprlata.  Ail 
othar  original  coplas  ara  filmad  beginning  on  tha 
firat  paga  with  a  printad  or  illuatratad  impraa- 
sion,  and  anding  on  tha  last  paga  with  a  printad 
or  illuatratad  Imprassion. 


Las  axamplairas  originaux  dont  la  couvartura  an 
papiar  ast  imprimAa  sont  fiimAs  en  commandant 
par  la  pramiar  plat  at  an  tarminant  soit  par  la 
darnlira  paga  qui  comporta  una  amprainta 
d'Impraaaion  ou  d'iilustration,  soit  par  la  second 
plat,  salon  la  cas.  Tous  las  autras  exemplaires 
originaux  sont  filmte  an  commanpant  par  la 
pramldre  page  qui  comporte  une  empreinte 
d'impression  ou  d'iilustration  at  en  terminant  par 
la  darniire  page  qui  comporte  une  telle 
empreinte. 


The  laat  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — »>  (meaning  "CON- 
TINUED"), or  the  symbol  y  (meaning  "END"), 
whichever  applies. 


Un  des  symboles  suivants  apparaltra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifie  "A  SUiVRE".  le 
symbols  V  signifie  "FIN". 


Mapa,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  expoaure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  end  top  to  bottom,  as  many  frames  as 
required.  The  foiiowing  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmte  i  des  taux  de  rMuction  difftrents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seui  clichA.  il  est  filmA  A  partir 
de  i'angle  supArieur  gauche,  de  gauche  A  droite. 
et  de  haut  en  bas.  en  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
iilustrent  la  mAthoda. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

''    ^    .'    '?      '/^"■^Mfs' 


\%    '; 


4<f- 


#  FOR-SSAi,  SEA  OTTER,  ANl)  SAEM^  FH^IRIIS* 


% 


ACTS  OF  CONGRESS, 

PRESIDENrS  PROCLAMATIONS^ 

REGULATIONS  GOVERNING  U.  S.  VESSELS, 

ACTS  OF  PARLIAMENT, 
OKDERS  IN  COUNCIL, 


PBBTAINma  TO  THB 


FUR-SEAL  FISHERIES  IN  BERITfTG  SEA 
AND  NORTH  PAOIFIO  OCEAN, 

SEA  OTTER  REGULATIONS, 
UWS  AS  TO  SALMON  FISHERIES  IN  ALASKA. 


I 


» »» 


WAStilNGTON: 

OOYBBNHBNT  FBINTINO  OFPIOB* 
1896. 


,.  *r  , 


.•lA.    •^K'*^\^ 


■^>-J.& 


■PP 


Trrascrt  Dbpartmbnt, 

Doonmeot  No.  1850. 

Office  o/Diviaion  of  Bevenue  Cutter  Service. 


/s:i,  3Z2. 

53Ur 


ACTS  OF  COVOBESS,  PRESIDENT'S  PBOCIAMATIOVS,  ACTS  OF 
FABUAMENT,  OBDEBS  IN  COUNCIL,  AND  OTHEB  MATTEBS 
PEBTAININO  TO  THE  FUB-SEAL  FISHEBIES  IN  BEBINO  SEA. 

BXVI8ED  STATUTES  OF  THE  UlTITED  STATES,  SBOTKHI  18M. 

Ko  person  shall  kill  any  otter,  mink,  marten,  sable,  or  fiir  seal,  or  other 
for- bearing  animal  within  the  limits  of  Alaska  Territory,  or  in  the  waters 
thereof;  and  every  person  guilty  thereof  shall,  for  eaoh  offense,  be  fined 
not  less  than  two  hundred  nor  more  than  one  thousand  dollars,  or 
imprisoned  not  more  than  six  months,  or  both ;  and  all  vessels,  their 
taekle,  apparel,  furniture  and  cargo,  found  engaged  in  violation  of  this 
section  shall  be  forfeited;  but  the  Secretary  of  the  Treasury  shall  have 
power  to  authorize  the  killing  of  any  such  mink,  marten,  sable,  or  other 
fur  bearing  animal,  except  fur  seals,  under  such  regulation  as  he  may 
prescribe;  and  it  shall  be  the  duty  of  the  Secretary  to  prevent  the  kill- 
ing of  any  fur  seal,  and  to  provide  for  the  execution  of  the  provisions 
of  this  section  until  it  is  otherwise  provided  by  law;  nor  shall  he  grant 
any  special  privileges  under  this  section. 


ACT  OF  MABCH  2,  1880  (STATS.  AT  LABOB.  701,  S5.  F,  1009). 

Chapter  415 — ^An  aot  (o  provide  for  the  protection  of  the  salmon  iisheriea  of  Alaska. 

Be  it  enacted,  etc.,  That  the  erection  of  dams,  barricades,  or  other 
obstructions  in  any  of  the  rivers  of  Alaska,  with  the  purpose  or  result 
of  preventing  or  impeding  the  ascent  of  salmon  or  other  anadromous 
8i)ecies  to  their  spawning  grounds,  is  hereby  declared  to  be  unlawful, 
and  the  Secretary  of  the  Treasury  is  hereby  authorized  and  directed  to 
establish  such  regulations  and  surveillance  as  may  be  necessary  to 
insure  that  this  prohibition  is  strictly  enforced,  and  to  otherwise  protect 
the  salmon  fisheries  of  Alaska. 

And  every  person  who  shall  be  found  guilty  of  a  violation  of  the 
provisions  of  this  section  shall  be  fined  not  less  than  two  hundred  and 
fifty  dollars  for  each  day  of  the  continuance  of  such  obstruction. 

Sec.  2.  That  the  Commissioner  of  Fish  and  Fisheries  is  hereby 
empowered  mid  directed  to  institute  an  investig  tOn  into  the  habits, 
abundance,  and  distribution  of  the  salmon  of  A  ^ka,  as  well  as  the 
present  conditions  and  methods  of  the  fisheries,  with  a  view  of  recom- 
mending to  Congress  such  additional  legiidation  as  may  be  necessary  to 
prevent  the  impairment  or  exhaustion  of  these  valuable  fisheries  and 
placing  them  under  regular  and  permanent  conditions  of  produotiou. 

8 


4  FUR-SEAL   FISHERIES   IN   B2BINa   SEA. 

Sbc.  3.  That  section  nineteen  handred  and  fifty-six  of  the  Revised 
Statutes  of  the  United  States  is  hereby  declared  to  inchide  and  apply 
to  all  the  dominion  of  the  United  States  in  the  waters  of  Behring  Sea. 

And  it  shall  be  the  duty  of  the  President,  at  a  timely  season  in  each 
year,  to  issue  his  proclamation,  and  cause  the  same  to  be  published  for 
one  month  in  at  least  one  newspaper,  if  ary  such  there  be,  published  at 
each  United  States  port  of  entry  on  the  Pacific  Coast,  warning  all  per- 
sons against  entering  said  waters  for  the  purpose  of  violating  the  pro- 
visions  of  said  section;  and  he  shall  also  cause  one  or  more  vessels  of 
the  United  States  to  diligently  cruise  said  waters  and  arrest  all  per- 
sons c«ad  seize  all  vessels  found  to  be,  or  to  have  been,  engaged  in  any 
violation  of  the  laws  of  the  United  States  therein. 

Approved  March  2,  1889. 


xodvs  vivendi  bbsfxctinq  the  fue4dbal  nbrbbiss  in  b2hbin(}  8xa. 

By  the  President  of  the  United  States  of  America, 

A  PSOOLAMATION. 

Whereas  an  agreement  for  a  modus  vivendi  between  the  Government 
of  the  United  States  and  the  Government  of  Her  Britannic  M{^esty  in 
relation  to  the  fur-seal  fisheries  in  Behring  Sea  was  concluded  on  the 
fifteenth  day  of  June,  in  the  year  of  our  Lord  one  thousand  eight  hun- 
dred and  ninety-one,  word  for  word  as  follows: 

AGREEMENT  BETWEEN  THE  GOVERNMENT  OF  THE  UNITED  STATES 
AND  THE  GOVERNMENT  OF  HER  BRITANNIC  MAJESTY  FOB  A 
MODUS  VIVENDI  IN  RELATION  TO  THE  FUR-SEAL  FISHERIES  IN 
BEHRING  SEA. 

For  the  purpose  of  avoiding  irritating  differences  and  with  a  view  to 
promote  the  friendly  settlement  of  the  questions  pending  between  the 
two  Governments  touching  their  respective  rights  in  Behring  Sea,  and 
for  the  preservation  of  the  seal  species,  the  following  agreement  is  made 
without  prejudice  to  the  rights  or  claims  of  either  party. 

(1)  Her  Mt^esty's  Government  will  prohibit  until  May  next  seal 
killing  in  that  part  of  Behring  Sea  lying  eastward  of  the  line  of 
demarcation  described  in  article  No.  1  of  the  treaty  of  1867  between 
the  United  States  and  Russia,  and  will  promptly  use  its  best  efibrts  to 
ensure  the  observance  of  this  prohibition  by  British  subjects  and 
vessels. 

(2)  The  United  States  Government  will  prohibit  seal  killing  for  the 
same  period  in  the  same  part  of  Behring  Sea  and  on  the  shores  and 
islands  thereof,  tho  property  of  the  United  States  (in  excess  of  7,500 
to  be  taken  on  the  islands  for  the  subsistence  and  care  of  the  natives), 
and  will  promptly  use  its  best  efforts  to  ensure  the  observance  of  this 
prohibition  by  United  States  citizens  and  vessels. 


FUR-SEAL  FISHERIES  IN   BERING  SEA. 


(3)  Every  vessel  or  person  offending  against  this  prohibition  in  the 
said  waters  of  Behring  Sea  outside  of  the  ordinary  territorial  limits  of 
the  United  States  may  be  seized  and  detained  by  the  naval  or  other 
duly  commissioned  officers  of  either  of  the  High  Contracting  Parties, 
but  they  shall  be  handed  over  as  soon  as  practicable  to  the  authorities 
of  the  nation  to  which  they  respectively  belong,  who  sliall  alone  have 
jurisdiction  to  try  the  oil'ense  and  impose  the  penalties  for  the  same. 
The  witnesses  and  proofs  necessary  to  establish  the  offense  shall  also 
be  sent  with  them. 

(4)  In  order  to  facilitate  such  proper  inquiries  as  Her  Majesty's  Oov- 
erment  may  desire  to  make,  with  a  view  to  the  presentation  of  the  case 
of  that  Government  before  arbitrators  and  in  exj)ectation  that  an 
agreement  for  arbitration  may  be  arrived  at,  it  is  agreed  that  suitable 
persons  designated  by  Great  Britian  will  be  permitted  at  any  time, 
upon  application,  to  visit  or  to  remain  upon  the  seal  islands  during 
the  present  sealing  season  for  that  purpose. 

Signed  and  sealed  in  duplicate  at  Washington  this  fifteenth  day  of 
June,  1891,  on  behalf  of  their  respective  Governments,  by  William  F. 
Wharton,  Acting  Secretary  of  State  of  the  United  States,  and  Sir 
Julian  Pauncefote,  G.  0.  M.  G.,  K.  0.  B.,  H.  B.  M.,  envoy  extraordinary 
and  minister  plenipotentiary. 

(Signed)  William  F.  Wharton,    [seal.] 

(Signed)  Julian  Pauncefote.       [seal.] 

Now,  therefore,  be  it  known  that  I,  Benjamin  Harrison,  Pret  luent 
of  the  United  States  of  America,  have  caused  the  said  agreement 
to  be  made  public,  to  the  end  that  the  same  and  every  part  thereof 
may  be  observed  and  fulfilled  with  good  faith  by  the  United  States  of 
America  and  the  citizens  thereof. 

In  witness  whereof  I  have  hereunto  set  my  hand  and  caused  the  seal 

of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington  this  fifteenth  day  of  June,  in  the 

year  of  our  Lord  one  thousand  eiglit  hundred  and  ninety-one 

[SEAL.]  and  of  the  Independence  of  the  United  States  the  one  hundred 

and  fifteenth. 

(Signed)  '  Benj.  Harrison. 

By  the  President: 
(Signed)       William  F.  Wharton, 

Acting  Secretary  of  State. 


A  oommmoir  jimwim  thb  oovsuni£im  or  the  virrrED  atatkb  and  her 

BBRAimO  MAJXtTT,  SUimTTJUlO  TO  ABBITRATIOH  TKI  aVBSnONI  WHICH 
HAVE  ABHEH  BETWKJUI  THOSE  OOVEENIISim  COHOESinirO  THE  JUBISDIO- 
nOVAL  BIGRIS  Of  THB  UHIIED  STATES  DT  THE  WATERS  OF  BEHBIHO  SEA. 

Signed  at  Washington  February  29^  1892. 
Batiflcation  advised  by  the  Senate  March  29, 1892. 
Ratified  by  the  President  April  22, 1892. 
Batifications  exchanged  May  7, 1892. 
Proclaimed  May  9, 1892. 

BT  thb  PbBSIDBMT  of  thb    UNITBD  STAT13S  OF  AhEBIOA. 

A  PROCLAMATION. 

Whereas  a  Convention  between  the  United  States  of  America  and 
Oreat  Britain  providing  for  an  amicable  settlement  of  the  questions 
which  have  arisen  between  those  Governments  concerning  the  jurisdic- 
tional rights  of  the  United  States  in  the  waters  of  the  Beliring  Sea,  and 
concerning  also  the  preservation  of  the  fur-seal  in,  or  habitually  resort- 
ing to,  the  said  Sea,  and  the  rights  of  the  citizens  and  subjects  of  either 
country  as  regards  the  taking  of  fur-seal  in,  or  habitually  resorting  to, 
the  said  waters,  was  signed  by  their  respective  Plenipotentiaries  at  the 
City  of  Washington,  on  the  twenty-ninth  day  of  February,  one  thou- 
sand eight  hundred  and  ninety-two,  the  original  of  which  Convention, 
being  in  the  English  language  and  as  amended  by  the  Senate  of  the 
United  States,  is  word  for  word  as  follows : 

The  United  States  of  America  and  Her  Majesty  the  Qaeen  of  the  United  Kingdom 
of  Oreat  Britain  and  Ireland,  being  desirous  to  provide  for  an  amicable  settlement 
of  the  questions  which  have  arisen  between  their  respective  governments  concern- 
ing the  Jurisdictional  rights  of, the  United  States  in  the  waters  of  Behring's  8ea, 
and  concerning  also  the  preservation  of  the  fur-senl  in,  or  habitually  resorting  to, 
the  said  Sea,  and  the  rights  of  the  citizens  and  subjects  of  either  country  as  regnrds 
the  taking  of  fur-seal  in,  or  habitually  resorting  to,  the  said  waters,  have  resolved 
to  submit  to  arbitration  the  questions  involved,  and  to  the  end  of  concluding  a 
convention  for  that  purpose  have  appointed  as  their  respective  Plenipotentiaries : 

The  President  of  the  United  States  of  America,  James  O.  Blnine,  Secretary  ot 
State  of  th6  United  States;  and 

Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britnin  and  Ireh\ud,  Sir 
Julian  Paunnefote,  O.  C.  M.  O.,  K.  C.  B.,  Her  Mi^esty's  Envoy  Extraordinary  and 
Minister  Plenipotentiary  to  the  United  States ; 

Who,  after  having  communicated  to  each  other  their  respective  full  powers  which 
were  found  to  be  in  due  and  proper  form,  have  agreed  to  and  concluded  the  follow- 
ing articles. 


rUR-SEAL   FISHEBIB8  IN  BEBINQ  SEA. 


ARTICT.B  I. 

The  qoMtiona  whioh  h«Te  ariten  between  the  Oovernment  of  the  United  8t«te« 
and  the  Government  of  Her  Britannic  Majesty  concerning  the  Juriadiotional  rights 
of  the  United  States  in  the  ■w-ten  of  Behring'e  Sea,  and  concerning  alao  the  preser- 
vation of  the  ftir-seal  in,  or  habitually  resorting  to,  the  said  Sea,  and  the  rights  of 
the  citizens  and  subjects  of  either  country  as  regards  the  taking  of  fnr-seal  in,  or 
habitnally  resorting  to,  the  said  waters,  shall  be  submitted  to  a  tribunal  of  Arbitra- 
tion, to  be  composed  of  seven  Arbitrators,  who  shall  be  appointed  in  the  following 
manner;  that  is  to  say:  Two  shall  be  named  by  the  President  ot  the  United  States; 
two  shall  be  named  by  Her  Britannic  Mi^esty;  His  Excellency  the  President  of  the 
French  Republic  shall  be  jo.atly  requested  by  the  High  Contracting  Parties  to  name 
one ;  His  Mi^esty  the  King  of  Italy  shall  be  so  requested  to  name  one ;  and  His  Majesty 
the  King  of  Sweden  and  Norway  shall  be  so  requested  to  name  one.  The  seven  Arbi- 
trators to  be  so  named  shall  be  Jurists  of  distinguished  reputation  in  their  respective 
countries;  and  tlie  selecting  Powers  sl><»ll  be  requested  to  choose,  if  possible.  Jurists 
who  are  acquainted  with  the  English  language. 

In  case  of  the  death,  absence  or  incapacity  to  serve  of  any  or  either  of  the  said 
Arbitrators,  or  in  the  event  of  any  or  either  of  the  said  Arbitrators  omitting  or  declin- 
ing or  ceasing  to  aot  as  such,  the  President  of  the  United  States,  or  Her  Britannic 
Majesty,  or  His  Excellency  the  President  of  ttie  French  Republic,  or  His  Majesty  the 
King  of  Italy,  or  His  Majesty  tne  King  of  Sweden  and  Norway,  as  the  case  may  be, 
shall  name,  or  shall  be  requested  to  name  forthwith  another  person  to  act  as  Arbi- 
trator in  the  place  and  stead  of  the  Arbitrator  originally  namtd  by  such  head  of  a 
State. 

And  in  the  event  of  the  refusal  or  omission  for  two  months  after  receipt  of  the 

joint  request  from  the  High  Contracting  Parties  of  His  Excellency  the  President  of 

the  French  Republic,  or  His  Majesty  the  King  of  Italy,  or  His  Majesty  vhe  King  of 

Sweden  and  Norway,  to  name  an  Arbitrator,  either  to  fill  the  original  appointment 

or  to  fill  a  vacancy  as  above  provided,  then  in  such  case  the  appointment  shall  be 

made  or  the  vacancy  shall  be  tilled  in  such  manner  as  the  High  Contracting  Parties 

shall  agree. 

Artiolb  II. 

The  Arbitrators  shall  meet  at  Paris  within  twenty  days  after  the  delive.'y  of  the 
counter  cases  mentioned  in  Article  IV,  and  shall  proceed  impartially  and  ci'>Tex\il]y 
to  examine  and  decide  the  questions  that  have  been  or  shall  be  laid  before  them  as 
herein  provided  on  the  part  of  the  Oovernments  of  the  United  States  and  Her 
Britannic  Majesty  respectively.  All  questions  considered  by  the  tribunal,  including 
the  final  decision,  shall  be  determined  by  a  majority  of  all  the  Arbitrators. 

Each  of  the  High  Contracting  Parties  shall  also  name  one  person  to  attend  the 
tribunal  as  its  Agent  to  represent  it  generally  in  all  matters  connected  with  the 
arbitration. 

Article  III. 

The  printed  case  of  each  of  the  two  parties,  accompanied  by  the  documents,  the 

official  correspondence,  and  other  evidence  on  whioh  each  relies,  shall  be  delivered 

in  duplicate  to  each  of  the  Arbitrators  and  to  tlie  Agent  of  the  other  party  as  soon 

as  may  be  after  the  appointment  of  the  members  of  the  tribunal,  but  within  a 

period  not  exceedicg  four  months  from  the  date  of  the  exchange  of  the  ratifications 

of  this  treaty. 

Articlb  IV. 

Within  three  months  after  the  delivery  on  both  sides  of  the  printed  case,  either 
party  may,-  in  like  manner  deliver  in  duplicate  to  each  of  the  said  Arbitrators,  and 
to  the  Agent  of  the  other  party,  a  counter  case,  and  additional  documents,  corre- 
spondence, and  evid>)nce,  in  reply  to  the  case,  documents,  correspondence,  and  evi- 
dence so  presented  by  the  other  party. 


FUR-SEAL  FISHERIER  IN   BERING  SEA. 


If,  however,  in  ootiHeqnenoe  of  the  diatanoe  of  the  place  f^om  which  the  evidence 
to  be  presented  ia  to  be  procured,  either  party  ahali,  within  thirty  daya  after  the 
receipt  by  ita  agent  of  the  case  of  the  other  party,  give  notice  to  the  other  party  tliat 
it  requireii  additional  time  for  the  delivery  of  such  counter  caae,  docnmenta,  rorrc- 
apoudenoo  and  evidence,  auoh  additional  time  ao  indicated,  bat  not  exceeding  aixty 
days  beyond  the  three  montha  in  this  Article  provided,  ahall  be  allowed. 

If  in  the  oaae  submitted  to  the  Arbitrators  either  pnrt>y  shall  have  specified  or 
alluded  tu  any  report  or  doonniont  in  its  own  excluaivb  possession,  without  annex- 
ing  a  copy,  such  party  shall  be  bound,  if  the  other  party  thinks  proper  to  apply  for 
it,  to  furnish  that  party  with  a  coj'y  tlioreof;  and  either  party  may  call  upon  the 
otiier,  through  the  Arbitrators,  to  priduce  the  originals  or  certified  copies  of  any 
papers  adduced  as  evidence,  giving  in  each  instance  notice  thereof  within  thirty  days 
after  delivery  of  the  caae ;  and  the  original  or  copy  ao  requested  shall  be  delivered  us 
soon  as  may  be  and  wichiii  s  period  not  exceeding  forty  days  after  receipt  of  notice. 

Articlb  V. 

It  shall  be  the  duty  of  the  Agenv  of  each  party,  within  one  month  after  the  expu  a* 
tion  of  the  time  limited  for  the  delivery  of  the  counter  case  on  both  sides,  to  deliver 
in  duplicate  to  each  of  the  said  Arbitrators  and  to  the  Agent  of  the  other  party  » 
printed  argument  showing  the  points  and  referring  to  the  evidence  upon  which  his 
Government  relies,  and  either  party  may  also  support  the  same  before  the  Arbi- 
trators by  oral  argument  of  counsel;  and  the  Arbitrators  may,  if  they  desire  further 
elucidation  with  regard  to  any  point,  require  a  written  or  printed  statement  or  argu- 
ment, or  oral  argument  by  counsel,  upon  it;  bnt  in  such  case  the  other  party  shall 
be  entitled  to  reply  either  orally  or  in  writing,  as  the  case  may  be. 

Article  VI. 

In  deciding  the  matters  submitted  to  the  Arbitrators,  it  is  agreed  that  the  follow- 
ing five  points  shall  be  submitted  to  them,  in  order  that  their  award  ahall  embrace 
a  diatinct  decision  upon  each  of  said  five  points,  to  wit : 

1.  What  exclusive  jurisdiction  in  the  sea  now  known  as  the  Behring's  Sea,  and 
what  exclusive  rights  in  the  seal  fisheries  therein,  did  Russia  assert  and  exercise 
prior  and  up  to  the  time  of  the  cession  of  Alaska  to  the  United  States  f 

2.  How  far  were  these  claims  of  jurisdiction  as  to  the  seal  fisheries  recognized 
and  conceded  by  Great  Britain  t 

3.  Was  the  body  of  water  now  known  as  the  Behring's  Sea  included  in  the  phrase 
"  Pacific  Ocean,"  as  used  in  the  Treaty  of  1825  between  Great  Britain  and  Russia;  and 
what  rights,  if  any,  in  the  Behring's  Sea  were  held  and  exclusively  exerciaed  by 
Ruaaia  after  said  Treaty  t 

4.  Did  not  all  the  rights  of  Russia  as  to  jurisdiction,  and  as  to  the  seal  fisheries  in 
Behring's  Sea  east  of  the  water  boundary,  in  the  Treaty  between  the  United  States 
and  Russia  of  the  30th  March,  1867,  pass  unimpaired  to  the  United  States  under  that 
Treaty! 

5.  Has  the  United  States  any  right,  and  if  so,  what  right  of  protection  or  property 
in  the  fur-seals  frequenting  the  islands  of  the  United  States  in  the  Behring  Sea  when 
such  seals  are  found  outside  the  ordinary  three-mile  limit  f 

Articlb  VII. 

If  the  determination  of  the  foregoing  questions  as  to  the  exclusive  jurisdiction  of 
the  United  States  shall  leave  the  subject  in  such  position  that  the  concurrence  of 
Great  Britain  is  necessary  to  the  establishment  of  Regulations  for  the  proper  pro- 
tection and  preservation  of  the  fur-seal  in,  or  habitually  resorting  to,  the  Behring 
Sea,  the  Arbitrators  shall  then  determine  what  concurrent  Regulations  outside  the 
jarisdiotional  limits  of  the  respeotive  Governments  are  necessary,  and  over  what 
waters  gaeh  Regulations  should  extend,  and  to  aid  them  in  that  determination  the 


FirR-SEAL  FISHERIES   IN  BERINO  SEA. 


report  of  a  Joint  Comnilasion  to  be  appointe<l  by  the  reHpeotiveOoTemmentaaball  be 
laid  before  them,  with  audi  other  evidence  aa  eltlier  Government  may  aiibniit. 

The  High  Contracting  Partiea  furthermore  agree  to  cooperate  iu  aecuriug  the 
adheition  of  other  Powera  to  anch  Begnlationa. 

Articlb  VIII. 

The  High  Contracting  Partiea  having  fonnd  tliemaeJvea  nnablo  to  agree  upon  a 
reforonco  which  ahall  include  the  qnoation  of  the  liability  of  each  for  the  injiiriea 
alleged  to  have  been  Huatained  by  the  >  '^r,  or  by  its  citizunn,  in  connection  with 
the  claima  prcaouted  and  urged  by  it;  ai  'i,  '>otng  aolicitoua  that  thia  aultordiniite 
quoation  should  not  inlorrnpt  or  longer  di^ay  the  aubniiasion  and  ('eturminatlon  of 
the  main  queationa,  do  agree  that  ei*''  >t  may  aubmit  to  the  Arbitrators  any  qneation 
of  fact  involved  iu  aaid  claim  an  ak  for  a  tindiiig  thereon,  the  question  of  the 
liability  of  either  Government  upon  the  f  ots  i'uund  to  be  the  subject  of  further 
negotiation. 

AhTIOLK  IX. 

The  High  Contracting  Parties  having  agri  c-d  to  appoint  two  Commissionera  on  the 
part  of  each  Government  to  make  the  joint  investigation  and  report  contemplated 
in  the  preceding  Article  VII,  and  to  include  the  terma  of  the  ^aid  Agreement  in  tlie 
preaent  Convention,  to  the  end  that  the  joint  atd  several  reports  und  recommenda- 
tions of  said  Commissioners  may  be  in  due  form  submitted  to  tlie  Arbitrators  sliould 
the  contingency  therefor  arise,  the  aaid  Agreement  ia  accordingly  herein  included 
as  followa: 

Each  Qovernment  shall  appoint  two  Commissioners  to  investigate  conjointly  with 
the  Commissioners  of  the  other  Government  all  the  facts  having  relation  to  seal 
life  in  Behring's  Sea,  and  the  meaaurea  necessary  for  its  proper  protection  and 
preaervation. 

The  fonr  Commissioners  ahall,  ao  far  as  they  may  be  able  to  agree,  make  a  joint 
report  to  each  of  the  two  Governments,  and  they  ahall  also  report,  either  jointly 
or  severally,  to  each  Government  on  any  points  upon  which  they  may  be  nnable 
to  agree. 

These  reports  ahall  not  be  made  public  until  they  ahall  be  snbmittted  to  tliu  Arbi- 
tratora,  or  it  shall  appear  that  the  contingency  of  their  being  used  by  the  Arbitratora 
can  not  arise. 

Articlk  X. 

Each  Government  ahall  pay  the  expenses  of  its  members  of  the  Joint  Commission 
in  the  inveatigntion  referred  to  in  the  preceding  Article. 

Articlk  XI. 

The  decision  of  the  tribunal  shnli,  if  possible,  be  made  within  three  montha  ftom 
the  close  of  the  argument  on  both  aides. 

It  shall  be  made  in  writing  and  dated,  and  shall  be  signed  by  the  Arbitrators  who 
may  assent  to  it. 

The  decision  ahall  be  in  duplicate,  one  copy  whereof  shall  be  delivered  to  the 
Agent  of  the  United  States  for  bis  Government,  and  the  other  copy  ahall  be  deliv- 
ered to  the  Agent  of  Great  Britain  for  hia  Government. 

Article  XII. 

Each  Government  ahall  pay  its  own  Agent  and  provide  for  the  proper  remunera- 
tion of  the  counsel  employed  by  it  and  of  the  Arbitratora  appointed  by  it,  and  for 
the  expenae  of  preparing  and  anbmitting  ita  case  to  the  tribunal.  All  other  expenaea 
connected  with  the  Arbitration  ahall  be  defrayed  by  the  two  Governments  in  equal 
moietie*. 


to 


rUB-SEAL  FISHERIES  IN  BEBINO  SEA. 


Abticlk  XIII. 

The  Arbitrators  shall  keep  an  accurate  record  of  their  prooeedings  and  may 
appoint  and  employ  the  necessary  officers  to  assist  them. 

Article  XIV. 

The  High  Contracting  Parties  engage  to  consider  tht^  result;  of  the  proceedings  of 
the  tribunal  of  arbitration,  as  a  full,  perfect,  and  final  settlement  of  all  the  ques- 
tions referred  to  the  Arbitrators. 

Abtiolb  XY. 

The  present  treaty  shall  be  duly  ratified  by  the  President  of  the  United  States  of 
America,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by  Her 
Itritannio  Majesty ;  and  the  ratification  shall  be  exchanged  either  at  Washington  or 
ht  London  withiu  nix  months  from  the  date  hereof,  or  earlier  if  possible. 

In  faith  whereoi,  we,  the  respective  Plenipotentiaries,  have  signed  this  treaty  and 
have  hereunto  affixed  our  seals. 

Done  in  duplicate  at  Washington  the  twenty-ninth  day  of  February,  one  thousand 
eight  hundred  and  ninety-two. 

Jambs  O.  Blainb        [sbal.] 
Jhlian  Pauncbfotb    [sbal.] 

And  whereas  the  said  Oonvention  has  been  duly  ratified  on  both 
parts,  and  the  ratifications  of  the  dwo  Governments  were  exchanged 
in  the  Gity  of  Loadon,  on  the  seventh  day  of  May,  one  thousand,  eight 
hundred  and  ninety-two; 

Now,  theretore,  be  it  known  that  I,  BeAJamin  Harrison,  President  of 
the  United  States  of  America,  have  caused  the  said  Gonvention  to  be 
made  public,  as  amended,  to  the  end  that  the  same,  and  every  article 
and  clause  thereof,  may  be  observed  and  ftilfllled  with  good  faith  by 
the  United  States  and  the  citizens  thereof. 

In  wituess  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  afftxed. 
Done  at  the  City  of  Washington,  this  ninth  day  of  May  in  the  year 
of  our  Lord  one  thousand,  eight  hundred  and  ninety-two, 
[seal.]    aud  of  the  Independence  of  the  United  States  the  one  hun- 
dred and  sixteenth. 

Benj.  Habbison. 
By  the  President : 
James  G.  Blaine, 

Secretary  of  State, 


•nd  may 


eedlBgs  of 
1  the  quM- 


1  States  of 
id  by  Her 
biDgton  or 

treaty  and 

)  thousand 

[8BAL.] 
[8BAL.] 

on  both 
^changed 
Dd,  eight 

ssideut  of 

ion  to  be 

•y  article 

faith  by 

used  the 

the  year 
lety-two, 
one  hun- 

BISON. 


COAVKHTION  BETWEEN  THE  aOVERNlIENTS  OF  THE  UVITED  STATES  AND 
HEB  BBITAHNIC  MAJESTY— BENBWAL  OF  THE  EZI8TIV0  MODUS  VIVENDI  IN 
BEHBINOSEA. 

Signed  at  Waahingtorij  April  18, 1892. 
Eiitijication  advised  by  the  Senate  April  19, 1892. 
Ratified  by  the  President  April  23, 1892. 
Ratifications  exchanged  May  7, 1892. 
Proclaimed  May  9, 1892. 

By  the  President  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  a  Convention  between  the  United  States  of  America  and 
Great  Britain  for  the  renewal  of  the  existing  modus  vivendi  in  Bebring's 
Sea  was  signed  by  their  respective  Plenipotentiaries  at  the  City  of 
Washington,  on  the  eigliteenth  day  of  April,  one  thousand  eight  hun- 
dred and  ninety-two,  the  original  of  which  Convention,  being  in  the 
English  language,  is  word  for  word  as  follows: 

CONVKNTION    HETWKEN   THE   ITNITED  STATES  OF  AMERICA  AND  GREAT  BRITAIN  FOR 
THE  IIKNEWAL  OF   THE  EXISTING   "MODUS  VIVENDI"  IN  UEHRING'S   SEA, 

Whereas  by  a  Convention  conchuled  between  the  United  States  of  America  and 
Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland,  on 
the  twenty-ninth  day  of  Februarj',  one  thousand  eight  hundred  and  ninety-two,  the 
Higii  Contracting  Parties  have  agreed  to  submit  to  Akbitration,  as  therein  stated, 
the  questions  which  have  arisen  between  them  concerning  the  jurisdictional  rights  of 
the  United  States  in  the  waters  of  Bebring's  Sea  and  concerning  also  the  preservation 
of  the  fur-seal  in,  or  habitually  resorting  to,  the  said  sea,  and  the  rights  of  the  citizens 
and  subjects  of  either  country  as  regards  the  taking  of  the  fur-seal  in,  or  habitu- 
ally resorting  to,  the  said  waters ;  and  whereas  the  High  Contracting  Parties,  hav- 
ing differed  as  to  what  restrictive  Regulations  for  seal-hunting  are  necessary,  during 
the  pendency  of  such  Arbitratioc,  have  agreed  to  adjust  snob  difference  in  manner 
hereinafter  mentioned,  and  without  prejudice  to  the  riglits  of  either  party: 

The  said  High  Contracting  Parties  have  appointed  as  their  Plenipotentiaries  to 
conclude  a  Convention  for  this  purpose,  that  is  to  say : 

The  President  of  the  United  States  of  America,  James  G.  Blaine,  Secretary  of 
State  of  the  United  States; 

And  Her  Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland, 
Sir  Julian  Pauncefote,  Knight  Grand  Crose  of  the  Most  Distinguished  Order  of 
Saint  Michael  and  Saint  George,  Knight  Commander  of  the  Most  Honorable  Order 
of  Bath,  and  Envoy  Extraordinary  and  Minister  Plenipotentiary  of  Her  Britannic 
Msijesty  to  the  United  States; 

Who,  after  having  communicated  to  each  other  their  respective  ful'  powers,  found 
in  due  and  good  form,  have  agreed  upon  and  concluded  the  following  Articles : 

Article  I. 

Her  Majesty's  Government  will  prohibit,  during  the  pendency  of  the  Arbitration, 
•eal  killing  in  that  part  of  Behring  Sea  lying  eastward  of  the  line  of  demarcation 

11 


12 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


described  in  Article  No.  I  of  the  Treaty  of  1867  between  the  United  States  nnd  Rus- 
sia, and  will  promptly  URe  its  best  efforts  to  ensure  the  observance  of  this  prohibition 
by  British  subjects  and  vessels. 

Artiolk  II. 

The  United  States  Government  will  prohibit  seal-killing  for  the  same  period  in 
the  same  part  of  Behring's  Sea,  and  on  the  shores  and  islands  thereof,  the  property 
of  tho  United  States  (in  excess  of  seven  thousand  live  hundred  to  be  talien  on  the 
islands  for  the  subsistance  of  the  natives),  and  will  promptly  use  its  best  efforts  to 
ensure  the  observance  of  this  prohibition  by  United  States  citizens  and  vessels. 

Article  III. 

Every  vessel  or  person  offending  against  this  prohibition  in  the  said  waters  of 
Behring  Sea  outside  of  the  ordinary  territorial  limits  of  the  United  States,  may  be 
seized  and  detained  by  the  naval  or  other  duly  commissioned  officers  of  either  of 
the  High  Contracting  Parties,  but  they  shall  be  handed  over  as  soon  as  practicable 
to  the  authorities  of  the  Nation  to  which  they  respectively  belong,  who  alone  shall 
have  jurisdiction  to  try  the  offence  and  impose  the  penalties  for  the  same.  The 
witnesses  and  proof  necessary  to  establish  the  offence  shall  also  be  sent  with  them. 

Article  IV. 

In  order  to  facilitate  such  proper  inquiries  as  Her  Majesty's  Government  may 
desire  to  make  with  a  view  to  the  presentation  of  the  case  and  arguments  of  that 
Government  before  the  Arbitrators,  it  is  agreed  that  suitable  persons  designated  by 
Great  Britain  will  be  permitted  at  any  time,  upon  application,  to  visit  or  remain 
upon  the  Seal  Islands  during  the  sealing  season  for  that  purpose. 

Article  V. 

If  the  result  of  the  Arbitration  be  to  affirm  the  right  of  British  Scalers  to  take  seals 
in  Behring  Sea  within  the  bounds  claimed  by  the  United  States,  under  its  purchase 
from  Russia,  then  compensation  shall  be  made  by  tho  United  States  to  Great  Britain 
(for  the  use  of  her  subjects)  for  abstaining  from  the  exercise  of  that  right  during 
tho  pendency  of  the  Arbitration  upon  the  basis  of  such  a  regulated  and  limited 
catch  or  catches  as  in  the  opinion  of  the  Arbitrators  might  have  been  taken  without 
an  undue  diminution  of  the  seal-herds;  and,  on  the  other  hand,  if  the  result  of  the 
Arbitration  shall  be  to  deny  the  right  of  British  sealers  to  take  seals  within  the  said 
wafers,  then  compensation  shall  be  made  by  Great  Britain  to  the  United  States  (for 
itself,  its  citizens  and  lessees)  for  this  agreement  to  limit  the  island  catch  to  seven 
thousand  five  hundred  a  season,  upon  the  basis  of  the  difference  between  this  num- 
ber and  such  larger  catch  as  in  the  opinion  of  the  Arbitrators  might  have  been  taken 
without  an  undue  diminution  of  the  seal-herds. 

The  amount  awarded,  if  any,  in  either  case  shall  be  such  as  under  all  the  circum- 
stances is  just  and  equitable,  and  shall  be  promptly  paid. 

Article  VI. 

This  Convention  may  be  denounced  by  either  of  the  High  Contracting  Parties  at 
any  time  after  the  thirty-first  day  of  October,  one  thousand  eight  hundred  and 
ninety-three,  on  giving  to  the  other  Party  two  months  notice  of  its  termination; 
and  at  the  expiration  of  such  notice  the  Convention  shall  cease  to  be  in  force. 

Article  VII. 

The  present  Convention  shall  be  duly  ratified  by  the  President  of  the  United 
State*,  by  and  with  the  advice  and  consent  of  the  Senate  thereof,  and  by  Her 


«s  and  Rns- 
probibition 


le  period  in 
he  property 
iken  on  tbe 
^st  efforts  to 
voBsels. 


d  waters  of 
ites,  may  be 
of  either  of 
practicable 
>  alone  shall 
same.  The 
with  them. 


mment  may 
ents  of  that 
signated  by 
t  or  remain 


to  take  seals 
its  pnrcbnse 
reat  Britain 
ight  daring 
and  limited 
ken  without 
•esnlt  of  the 
.bin  tbe  said 
1  States  (for 
tell  to  seven 
in  this  nnni- 
e  been  taken 

the  circum- 


g  Parties  at 
inndred  and 
bormination ; 
force. 


FUB-8EAL   FISHERIES   IN  BEilTNO  SEA. 


18 


Britannic  Majesty;  and  the  ratifications  shall  be  exchanged  either  at  Washington 
or  at  London  as  early  as  possible. 

In  faith  whereof,  we,  the  respective  Plenipotentiaries  have  signed  this  Conven- 
tion and  have  hereunto  affixed  onr  Seals. 

Done  in  duplicate  at  Washington,  this  eighteenth  day  of  April,  one  thousand 
eight  hundred  ^ud  ninety-two. 

James  G.  Blainb  [seal.] 

Julian  Pauncbfotb.     [seal.] 

And  whereas  the  said  Oonvention  has  been  duly  ratified  on  both 
parts,  and  the  ratifications  of  the  two  GovernmeDts  were  exchanged 
in  the  City  of  London,  on  the  seventh  day  of  May,  one  thousand  eight 
hundred  and  ninety-two; 

Now,  therefore,  be  it  known  that  I,  Benjamin  Harbison,  President 
of  the  United  States  of  America,  have  caused  the  said  Convention  to  be 
made  public,  to  the  end  that  the  same,  and  every  article  and  clause 
thereof,  may  be  observed  in  good  faith  by  the  United  States  and  the 
citizens  thereof. 

In  witness  whereof,  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  aflBxed. 

Done  at  the  City  of  Washington,  this  ninth  day  of  May,  in  the  year 
of  our  Lord  one  thousand,  eight  hundred  and  ninety-two,  and 
[SEAL.]  of  the  Independence  of  the  United  States  the  one  hundred  and 
sixteenth. 

Benj.  Harbison 
By  the  President: 

James  Q.  Blaine 

Secretary  of  State. 


'  the  United 
and  by  Her 


ACT  OF  FEBBVABT  21,  1898  (STATS.  AT  I^BGE,  TOL.  27,  P.  472). 

Chapter  150. — ^An  act  to  extend  to  the  North  Pacific  Ocean  the  provisions  of  the 
statutes  for  the  protection  of  the  fur  seals  and  other  fur-bearing  animals. 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  whenever  the  Govern- 
ment of  the  United  States  shall  conclude  an  effective  international 
arrangement  for  the  protection  of  fur  seals  in  the  North  Pacific  Ocean  by 
agret^ment  with  any  power  or  as  a  result  of  the  decision  of  the  tribunal 
of  arb'^^ration  under  the  convention  concluded  between  the  United  States 
and  Great  Britain  February  twenty-ninth,  eighteen  hundred  and  ninety- 
two,  and  so  long  as  such  arrangement  shall  continue  the  provisions  of 
section  nineteen  hundred  and  fifty-six  of  the  Revised  St.v^utes,  and  all 
other  provisions  of  the  statutes  of  the  United  State'  so  far  as  the 
same  may  be  applicable,  relative  to  the  protection  of  ur  seals  and 
other  fur-bearing  animals  within  the  limits  of  Alaska  oi  in  the  waters 
thereof,  shall  be  extended  to  and  over  all  that  portion  of  the  Pacific 
Ocean  included  in  such  international  arrangement.  Whenever  an 
effective  international  arrangement  is  concluded  as  aforesaid,  it  shall 
be  the  duty  of  the  President  to  declar.d  that  fact  by  proclamation,  and 
to  designate  the  portion  of  the  Pacidc  Ocean  to  which  it  is  applicable, 
and  that  this  act  has  become  operative;  and  likewise  w)»pn  such 
arrangement  ceases  to  declare  that  fact  and  that  this  act  has  oecome 
inoperative,  and  his  proclamation  with  respect  thereto  shall  be  conclu- 
sive. During  the  extension  as  aforesaid  of  said  laws  for  the  protection 
of  fiir  seals  and  other  fur-bearing  animals  all  violations  thereof  in  said 
designated  portion  of  the  Pacific  Ocean  shall  be  held  to  be  the  same  as 
if  committed  within  the  limits  of  Alaska  or  in  the  waters  thereof,  but 
they  may  be  prosecuted  either  in  the  district  court  of  Alaska  or  in  any 
district  court  of  the  United  States  in  California,  Oregon,  or  Washington. 

Approved  February  21, 1893. 

14 


472). 

ovisiona  of  the 
;  animals. 

of  the  United 
the  Govern- 
iuternational 
iflc  Ocean  by 
'  the  tribunal 
Jnited  States 
d  and  ninety- 
provisions  of 
utes,  and  all 
0  far  as  the 
ur  seals  and 
in  the  waters 
>f  the  Pacific 
'Thenever  an 
said,  it  shall 
iiUiation,  and 
8  applicable, 
w)»p^  such 
t  has  i»ecome 
til  be  conclu- 
le  protection 
ereof  in  said 
B  the  same  as 
\  thereof,  but 
)ka  or  in  any 
Washington. 


AWABD  OF  THI  TBIBUVAL  OT  ABBTTRATIOlf  OOllffClTUTJU)  UHDEK  THE  TBZATT 
COVOLCDED  AT  WASHINOTOir,  THS  29TH  OF  FEBBUABT,  189S,  HKTWKJW  THE 
UNITED  STATES  OF  AMERICA  AITS  HEB  MAJESTY  THE  QUKKSR  OF  THE  UNHBD 
KIirODOM  OF  OBEAT  BBITAnr  AND  ntELAHD. 

Whereas  by  a  Treaty  between  the  United  States  of  America  and 
Great  Britain,  signed  at  Washington,  February  29, 1892,  the  ratifica- 
tions of  which  by  the  Governments  of  the  two  Countries  were  exchanged 
at  London  on  May  the  7tta,  1892,  it  was,  amongst  other  things,  agreed 
and  concluded  that  the  questions  which  had  arisen  between  the  Gov- 
ernment of  the  United  States  of  America  and  the  Government  of  Her 
Britannic  M^^esty,  concerning  the  jurisdictional  rights  of  the  United 
States  in  the  waters  of  Behring's  Sea,  and  concerning  also  the  preser- 
vation of  the  fur-seal  in  or  habitually  resorting  to  the  said  sea,  and  the 
rights  of  the  citizens  and  subjects  of  either  Country  as  regards  the 
taking  of  fur-seals  in  or  habitually  resorting  to  the  said  waters,  should 
be  submitted  to  a  GDribunal  of  Arbitration  to  be  composed  of  seven 
Arbitrators,  who  should  be  appointed  in  the  following  manner,  that  is 
to  say:  two  should  be  named  by  the  President  of  the  United  States; 
two  should  be  named  by  her  Britannic  Majesty;  His  Excellency  the 
President  of  the  French  Bepublic  should  be  jointly  requested  by  the 
High  Contracting  Parties  to  name  one;  His  Majesty  the  King  of  Italy 
should  be  so  requested  to  name  one;  His  Majesty  the  King  of  Sweden 
and  Norway  should  be  so  requested  to  name  one;  the  seven  Arbitrators 
to  be  so  named  should  be  jurists  of  distinguished  reputation  in  their 
respective  Countries,  and  the  selecting  Powers  should  be  requested  to 
choose,  if  possible,  jurists  who  are  acquainted  with  the  English  lan- 
guage; 

And  whereas  it  was  ftirther  agreed  by  article  II  of  the  said  Treaty 
that  the  Arbitrators  should  meet  at  Paris  within  twenty  days  after 
the  delivery  of  the  Counter-Cases  mentioned  in  article  IV,  and  should 
proceed  impartially  and  carefully  to  examine  and  decide  the  questions 
which  had  bee  '  or  should  be  laid  before  them  as  in  the  said  Treaty 
provided  on  the  part  of  the  Governments  of  the  United  States  and  of 
Her  Britannic  M^esty  respectively,  and  that  all  questions  considered 
by  the  Tribunal,  including  the  final  decision,  should  be  determined  by 
a  majority  of  all  the  Arbitrators ; 

And  whereas  by  article  VI  of  the  said  Treaty,  it  was  further  pro- 
vided as  follows : 

In  deciding  the  matters  submitted  to  the  said  Arbitratora,  it  is  agreed  that  the 
following  five  points  shall  be  submitted  to  them  in  order  that  their  award  shall 
ombraoe  a  distinct  desision  npon  each  of  said  five  points,  to  wit: 

1.  What  exclnsive  jnrisdiction  in  the  sea  now  known  as  the  Behring's  Sea,  and  what 
exclBsive  rights  in  the  seal  fisheries  therein,  did  Russia  assert  and  exercise  prior  and 
up  to  the  time  of  the  oessiou  of  Alaska  to  the  United  States  f 

15 


16 


FUR-SEAL   FISHERIES   IN  BERING  SEA. 


2.  How  far  were  these  claims  of  Jariadiotiou  aa  to  the  seal  flsheriefl  recognized  and 
conceded  by  Oreat  Britain  f 

3.  Was  the  body  of  water  now  known  as  the  Behring's  Sea  included  in  the  phrase 
Pacific  Ocean,  as  used  in  the  Treaty  of  1825  between  Great  Britain  and  Rassia;  ar  i 
what  rights,  if  any,  in  the  Behring's  Sea  were  held  and  exclnsively  exercised  by 
Russia  after  said  Treaty  t 

4.  Did  not  all  the  rights  of  ilussia  as  to  jurisdiction  and  as  to  the  seal  fisheries  in 
Behring's  Sea  east  of  the  water  boundary,  in  the  Treaty  between  the  United  States 
and  Russia  of  the  30th  of  March  1867,  pass  unimpaired  to  the  United  States  under 
that  Treaty? 

5.  Has  the  United  States  any  right,  and  if  so,  what  right  of  protection  or  property 
in  the  fur-seals  frequenting  the  islands  of  the  United  States  in  Behring  Sea  when 
such  seals  are  found  outside  the  ordinary  three-mile  limit. 

And  whereas,  by  article  VII  of  the  said  Treaty,  it  was  farther  agreed 
as  follows : 

If  the  determination  of  the  foregoing  questions  as  to  the  exclusive  jurisdiction  of 
the  United  States  shall  leave  the  subject  in  such  position  that  the  concurrence  of 
Great  Britain  is  necessary  to  the  establishment  of  Regulations  for  the  proper  pro- 
tection and  preservation  of  the  fnr-seal  in,  or  habitually  resorting  to,  the  Behring 
Sea,  the  Arbitrators  shall  then  determine  what  concurrent  Regulations,  outside  the 
jurisdictional  limits  of  the  respective  Governments,  are  necessary,  and  over  what 
waters  such  Regulations  should  extend ; 

The  High  Contracting  Parties  furthermore  agree  to  cooperate  in  securing  the 
adhesion  of  other  Powers  to  such  Regulations; 

And  whereas,  by  article  VIII  of  the  said  Treaty,  after  reciting  that 
the  High  Contracting  Parties  had  found  themselves  unable  to  agree 
upon  a  reference  which  should  include  the  question  of  the  liability  of 
each  for  the  injuries  alleged  to  have  been  sustained  by  the  other,  or  by 
its  citizens,  in  connection  with  the  claims  presented  and  urged  by  it, 
and  that  <Hhey  were  solicitous  that  this  subordinate  question  should 
not  interrupt  or  longer  delay  the  submission  and  determination  of  the 
main  questions,"  the  High  Contracting  Parties  agreed  that  "either  of 
them  might  submit  to  the  Arbitrators  any  question  of  fact  involved  in 
said  claims  and  ask  for  a  finding  thereon,  the  question  of  the  liability 
of  either  Government  upon  the  facts  found,  tc  be  the  subject  of  further 
negcciation ; " 

And  whereas  the  President  of  the  United  States  of  America  named 
The  Honourable  John  M.  Harlan,  Justice  of  the  Supreme  Court  of  the 
United  States,  and  the  Honourable  John  T.  Morgan,  Senator  of  the 
United  States,  to  be  two  of  the  said  Arbitrators,  and  Her  Britannic 
Majesty  nu-ned  the  Bight  Honourable  Lord  Hannen  and  The  Honour- 
able Sir  John  Thompson,  Minister  of  Justice  and  Attorney  General  for 
Canada,  to  be  two  of  the  said  Arbitrators,  and  His  Excellency  the 
President  of  the  French  Republic  named  the  Baron  de  Courcel,  Senator, 
Ambassador  of  France,  to  be  one  of  the  said  Arbitrators,  and  His 
Majesty  the  King  of  Italy  named  the  Marquis  Emilio  Visconti  Venosta, 
former  Minister  of  Foreign  Affairs  and  Senator  of  thie  Kingdom  of 
Italy,  to  be  one  of  the  said  Arbitrators,  and  His  Majesty  the  King  of 
Sweden  and  Norway  named  Mr.  Gregers  Gram,  Minister  of  State  to  be 
one  of  the  said  Arbitrators; 


I 


FUB-8EAL  FI8HEBIEB  IN   BERING  SEA. 


17 


agnized  and 

the  phraae 

inasia;  ar  i 

ercised  by 

fisheries  in 
lited  States 
tatea  under 

or  property 
g  Sea  wlien 

er  agreed 

isdiction  of 
carrence  of 
proper  pro- 
be Beliring 
outside  the 
over  what 

tearing  the 

ting  that 
to  agree 
lability  of 
tier,  or  by 
:ed  by  it, 
•n  should 
on  of  the 
'either  of 
J^olved  in 
)  liability 
)f  farther 

ia  named 
rt  of  the 
or  of  the 
{ritannio 
Honour- 
oeral  for 
mcy  the 
Senator, 
»nd  His 
T'enosta, 
ardom  of 
King  of 
<te  tobe 


i 


And  whereas  We,  the  said  Arbitrators,  so  named  and  appointed, 
haying  taken  upon  ourselves  the  burden  of  the  said  Arbitration,  and 
having  duly  met  at  Paris,  proceeded  impartially  and  carefully  to  exam- 
ine and  decide  all  the  questions  submitted  to  us  the  said  Arbitrators, 
under  the  said  Treaty,  or  laid  before  us  as  provided  in  the  said  Treaty  on 
the  part  of  the  Governments  of  Her  Britannic  Majesty  and  the  United 
States  respectively; 

l^ow  we,  the  said  Arbitrators,  having  impartially  and  carefully  exam- 
ined the  said  questions,  do  in  like  manner  by  this  our  Award  decide 
and  determine  the  said  questions  in  manner  following,  that  is  to  say, 
we  decide  and  determine  as  to  the  Ave  points  mentioned  in  article  VI 
as  to  which  our  Award  is  to  embrace  a  distinct  decision  upon  each  of 
them: 

As  to  the  first  of  the  said  five  points,  We,  the  said  Baron  de  Gourcel, 
Mr  Justice  Harlan,  Lord  Hannen,  Sir  John  Thompson,  Marquis  Yis- 
conti  Yenosta  and  Mr  Gregers  Gram,  being  a  m^ority  of  the  said 
Arbitrators,  do  decide  and  determine  as  follows : 

By  the  Ukase  of  1821,  Bussia  claimed  jurisdiction  in  the  sea  now 
known  as  the  Behring's  Sea,  to  the  extent  of  100  Italian  miles  from 
the  coasts  and  islands  belongic  ^  to  her,  but,  in  the  course  of  the  nego- 
ciations  which  led  to  the  conclusion  of  the  Treaties  of  1824  with  the 
United  States  and  of  1825  with  Great  Britain,  Eussia  admitted  that 
her  jurisdiction  in  the  said  sea  should  be  restricted  to  the  reach  of 
cannon  shot  from  shore,  and  it  appears  that,  from  that  time  up  to  the 
time  of  the  cession  of  Alaska  to  the  UnHed  States,  Bussia  never 
asserted  in  fact  or  exercised  any  exclusive  jurisdiction  in  Behring's 
Sea  or  any  exclusive  rights  in  the  seal  fisheries  therein  beyond  the 
ordinary  limit  of  territorial  waters. 

As  to  the  second  of  the  said  five  points,  We,  the  said  Baron  de  Cour- 
cel,  Mr.  Justice  Harlan,  Lord  Hannen,  Sir  John  Thompson,  Marquis 
Yisconti  Yenosta  and  Mr  Gregers  Gram,  being  a  majority  of  the  said 
Arbitrators,  do  decide  and  determine  that  Great  Britain  did  not  recog- 
nize or  concede  any  claim,  upon  the  part  of  Bussia,  to  exclusive  juris- 
diction as  to  the  seal  fisheries  in  Behring  Sea,  outside  of  ordinary 
territorial  waters. 

As  to  the  third  of  the  said  five  points,  as  to  so  much  thereof  as 
requires  us  to  decide  whether  the  body  of  water  now  known  as  the 
Behring  Sea  was  included  in  the  phrase  "Pacific  Ocean"  as  used  in 
the  Treaty  of  1825  between  Great  Britain  and  Bussia,  We,  the  said 
Arbitrators,  do  unanimously  decide  and  determine  that  the  body  of 
water  now  known  as  the  Behring  Sea  was  included  in  the  phrase 
"Pacific  Ocean"  as  used  in  the  said  Treaty. 

And  as  to  so  much  of  the  said  third  point  as  requires  us  to  decide 

what  rights,  if  any,  in  the  Behring  Sea  were  held  and  exclusively 

exercised  by  Bussia  after  the  said  Treaty  of  1826,  We,  the  said  Baron 

de  Gourcel,  Mr.  Justice  Harlan,  Lord  Hannen,  Sir  John  Thompsop, 

14668 2 


18 


FUR-SEAL  FISHERIES  IN  BERIKO  SEA. 


i^    ■ 


1 '      31 


Marquis  Yisconti  Yenosta  and  Mr.  Gregers  Gram,  being  a  majority 
of  the  said  Arbitrators,  do  decide  and  determine  that  no  exclusive 
rights  of  jurisdiction  in  Behring  Sea  and  no  exclusive  rights  as  to  the 
seal  fisheries  therein,  were  held  or  exercised  by  Russia  outside  of  ordi- 
nary territorial  waters  aft«r  the  Treaty  of  1825. 

As  to  the  fourth  of  ihe  said  five  points,  We,  the  said  Arbitrators,  do 
unanimously  decide  and  determine  that  all  the  rights  of  Bussia  as  to 
jurisdiction  and  as  to  the  seal  fisheries  in  Behring  Sea,  east  of  the 
water  boundary,  in  the  Treaty  between  the  United  States  and  Bussia 
of  tLe  30"'  March  1867,  did  pass  unimpaired  to  the  United  States  under 
the  said  Treaty. 

As  to  the  fifth  of  the  said  five  points,  We,  the  said  Baron  de  Oourcel; 
Lord  Hannen,  Sir  John  Thompson,  Marquis  Yisconti  Yenosta  and 
M.  Gregers  Gram  being  a  majority  of  the  said  arbitrators,  do  decide 
and  determine  that  the  United  States  has  not  any  right  of  protection 
or  property  in  the  fur-seals  frequenting  the  islands  of  the  United 
States  in  Behring  Sea,  when  such  seals  are  found  outside  the  ordinary 
three-mile  limit. 

And  whereas  the  aforesaid  determination  of  the  foregoing  questions 
as  to  the  exclusive  jurisdiction  of  the  United  States  mentioned  in 
Article  YI  leaves  the  subject  in  such  a  position  that  the  concurrence  of 
Great  Britain  is  necessary  to  the  establishment  of  Begnlations  for  the 
proper  protection  and  preservation  of  the  fur-seal  in  or  habitually  resort- 
ing to  the  Behring  Sea,  the  Tribunal  having  decided  by  a  majority  as 
to  each  Article  of  the  following  Begnlations,  We,  the  said  Baron  de 
Courcel,  Lord  Hannen,  Marquis  Yisconti  Yenosta,  and  Mr.  Gregers 
Gram,  assenting  to  the  whole  of  the  nine  Articles  of  the  following 
Begnlations,  and  being  a  majority  of  the  said  Arbitrators,  do  decide 
and  determine  in  the  mode  provided  by  the  Treaty,  that  the  following 
concurrent  Begnlations  outside  the  jurisdictional  limits  of  the  respective 
Governments  are  necessary  and  that  they  should  extend  over  the  waters 
hereinafter  mentioned,  that  is  to  say: 

Article  1. 

The  OoTemmenta  of  the  United  States  and  of  Great  Britain  shall  forbid  their 
citizens  and  sabjects  respectively  to  kill,  capture  or  pnrsae  at  any  time  and  in  any 
manner  whateveri  the  animals  commonly  called  fur  seals,  within  a  zone  of  sixty 
miles  aroand  the  Pribilov  Islands,  inclusive  of  the  territorial  waters. 

The  miles  mentioned  in  the  preceding  paragraph  are  geographical  miles,  of  sixty 
to  a  degree  of  latitude. 

Article  2. 

The  two  Governments  shall  forbid  their  citizens  and  subjects  respectively  to  kill, 
capture  or  pursue,  in  any  manner  whatever,  during  the  season  extending,  each  year, 
from  the  1**^  of  May  to  the  31*'  of  July,  both  inclusive,  the  fur  seals  on  the  high  sea,  in 
the  part  of  the  Pacific  Ocean,  inclusive  of  the  Behring  sea,  which  is  situated  to  the 
North  of  the  35*»  degree  of  North  latitude,  and  eastward  of  the  180^'>  degree  of 
longitude  from  Greenwich  till  it  strikes  the  water  boundary  described  in  Article  1 
of  the  Treaty  of  1867  between  the  United  States  and  Russia,  and  following  that  line 
up  to  Behring  straits. 


FUB-BEAL  FI8HEBIE8  IK  BEBINQ  8EA. 


1% 


a  mt^ority 
exclusive 
;s  as  to  the 
de  of  ordi- 

itrators,  do 
ussia  as  to 
east  of  the 
and  Bussia 
tates  under 

de  OouTcel) 
enosta  and 
),  do  decide 
'  protection 
the  United 
he  ordinary 

g  questions 
entioned  in 
icurrence  of 
iions  for  the 
aally  resort- 
majority  as 
id  Baron  de 
tfr.  Gregers 
le  following 
■8,  do  decide 
he  following 
le  respective 
)r  the  waters 


11  forbid  their 
me  and  in  any 
zone  of  sixty 
rs. 
miles,  of  sixty 


otively  to  Idll, 
ing,  eacli  year, 
ihe  higli  sea,  in 
situated  to  the 
180"'  degree  of 
ted  in  Article  1 
iwing  that  line 


Artiolb  8. 

Dnrlng  the  period  of  time  and  in  the  waters  in  which  the  tnt  seal  fishing  is  allowed, 
only  sailing  vesnels  shall  be  permitted  to  carry  on  or  talte  part  in  fur-seal  fishing 
operations.  They  will  however  be  at  liberty  to  avail  themselves  of  the  use  of  siicii 
canoee  or  undecked  boats,  propelled  by  paddles,  oars,  or  sails,  as  are  in  common  ase 
Its  iishiug  boats. 

Artict^k  4. 

Each  sailing  vessel  anthorized  to  fish  for  fur  seals  mnst  be  provided  with  a  special 
license  issued  for  that  purpose  by  its  Government  nud  shall  be  required  to  carry  tk 
diBtingniNl:!')!^  flag  to  be  prescribed  by  its  Government. 

Articlk  5. 

The  masters  of  the  vessels  engajred  in  fur  seal  fishing  shall  enter  aocnrately  in 
their  official  log  boolc  the  date  and  place  of  each  fur  seal  fishing  operation,  and 
also  the  number  and  sex  of  the  seals  captured  npon  each  day.  Thene  entr'js  shall 
be  comninnicated  by  each  of  the  two  Governments  to  the  other  at  the  end  of  each 
fishing  season. 

Article  6. 

The  use  of  nets,  fire  arras  and  explosives  shall  be  forbidden  in  the  fiir  seal  fishing. 
This  restriction  shall  not  apply  to  shot  guns  when  such  fishing  takes  place  outside 
of  Behring's  sea,  during  the  season  when  it  may  be  lawfully  carried  on. 

Articlk  7. 

The  two  Governments  shall  take  measures  to  control  the  fitness  of  the  men  anthor- 
ized to  engage  in  fur  seal  fishing;  thesu  men  shall  have  been  proved  fit  to  handle 
with  sufficient  skill  the  weapons  by  means  of  which  this  fishing  may  be  carried  on. 

Article  8. 

The  regulations  contained  in  the  preceding  articles  shall  not  apply  to  Indians 
dwelling  on  the  coasts  of  the'  territory  of  the  United  States  or  of  <  Iveat  Britain,  and 
carrying  on  fur  seal  fishing  in  canoes  or  undecked  boats  not  transported  by  or  used 
in  connection  with  other  vessels  and  propelled  wholly  by  paddlon,  oars  or  sails  and 
manned  l)y  not  more  than  five  persons  each  in  the  way  hitherto  practised  by  tlie 
Indians,  provided  such  Indians  are  not  in  the  employment  of  other  persons  and  pro- 
vided that,  whnn  so  hunting  in  canoes  or  undecked  boats,  they  shall  not  hunt  fur 
seals  outside  oi°  territorial  witters  under  contract  for  the  delivery  of  the  skins  to  any 
person. 

This  exemption  shall  not  be  construed  to  affect  the  Municipal  law  of  either  coun- 
try, nor  shall  it  extend  to  the  waters  of  Behring  Sea  or  the  waters  of  the  Aleutian 
Passes. 

Nothing  herein  contained  is  intended  to  interfere  with  the  employment  of  Indians 
as  hunters  or  otherwise  in  connection  with  fur  sealing  vessels  as  heretofore. 

Articlk  9. 

The  concurrent  regulations  hereby  determined  with  a  view  to  the  protection  and 
preservation  of  the  fur  seals,  shall  remain  in  force  until  they  have  been,  in  whole  or 
in  part,  abolished  or  modihed  by  common  agreement  between  the  Governments  of 
the  United  States  and  of  Great  Britain. 

The  said  concurrent  regulations  shall  be  submitted  every  five  years  to  a  new 
examination,  so  as  to  enable  both  interested  Governments  to  consider  whether,  in 
the  light  of  past  experience,  there  is  occasion  for  any  modification  thereof. 


80 


FUB-SEAL  FISHERIBB   IN  BESINO  SEA. 


And  whereas  the  Government  of  Her  Britannic  Mi^jesty  did  anbrnit 
to  the  Tribunal  of  Arbitration  by  article  VIII  of  the  said  Treaty  certain 
questions  of  fact  involved  in  the  claims  referred  to  in  the  said  article 
YIII,  and  did  also  submit  to  us,  the  said  Tribunal,  a  statement  of  the 
said  facts,  as  follows,  that  is  to  say: 


i  I 


9INDINOB  OF  FACT  PROPOSED  BY  TIIK  AGENT  OF  GREAT  BRITAIN  AND  AGREED  TO 
▲S  PROVKO  BY  THE  AGENT  FOR  THE  UNITED  STATES,  AND  SUBMITTED  TO  THE 
TRIBUNAL  OF  ARBITRATION  FOR  ITS  CONSIDERATION. 

1.  That  the  several  searches  aad  seizures,  whether  of  ships  or  goods,  and  the  sev- 
eral arrests  of  masters  and  crows,  respeotivoly  mentioned  in  the  Schedule  to  the 
British  Case,  pages  1  to  60  inclusive,  were  made  by  the  authority  of  the  United 
States  Oovernment.  The  questions  as  to  the  value  of  the  said  vessels  or  their  con- 
tents or  either  of  them,  and  the  question  as  to  whether  the  vessels  mentioned  in  the 
Schedule  to  the  British  Case,  or  any  of  them,  were  wholly  or  in  part  the  actual 
property  of  citizens  of  the  United  States,  have  been  withdrawn  from  and  have  not 
been  considered  by  the  Tribunal,  it  being  understood  that  it  is  open  to  the  United 
States  to  raise  these  questions  or  any  of  them,  if  they  think  fit,  in  any  future 
negotiations  as  to  the  liability  of  the  United  States  Oovernment  to  pay  the  amounts 
mentioned  in  the  Schednle  to  the  British  Case; 

2.  That  the  seizures  aforesaid,  with  the  exception  of  the  "Pathfinder"  seized  at 
Neah-Bay,  were  made  in  Behring  Sea  at  the  distances  f^om  shore  mentioned  in  the 
Schedule  anne:^ed  hereto  marked  "0"; 

3.  That  the  said  several  searches  and  seizures  of  vessels  were  made  by  public 
armed  vessels  of  the  United  States,  the  commanders  of  which  had,  at  the  several 
times  when  they  were  made,  from  the  Executive  Department  of  the  Government  of 
the  United  States,  instructions,  a  copy  of  one  of  which  is  annexed  hereto,  marked 
"A"  and  that  the  others  were,  in  all  substantial  respects,  tlie  same:  that  in  all  the 
instances  in  which  proceedings  were  had  in  the  District  Courts  of  the  United  States 
resulting  in  condemnation,  such  proceedings  were  begun  by  the  filing  of  libels,  a 
copy  of  one  of  which  is  annexed  hereto,  marked  "B",  and  that  the  libels  in  the 
other  proceedings  were  in  all  substantial  respects  the  same :  that  the  alleged  acts  or 
ofi^ences  for  which  said  several  searches  and  seizures  were  made  were  in  each  case 
done  or  committed  in  Behring  Sea  at  the  distances  from  shore  aforesaid ;  and  that  in 
each  case  in  which  sentence  of  condemnation  was  passed,  except  in  those  cases 
when  the  vessels  were  released  after  condemnation,  the  seizure  was  adopted  by  the 
Government  of  the  United  States :  and  in  those  cases  in  which  the  vessels  wer<9 
released  the  seizure  was  made  by  the  authority  of  the  United  States ;  that  the  said 
fines  and  imprisonments  were  for  alleged  breaches  of  the  municipal  laws  of  the 
United  States,  which  alleged  breaches  were  wholly  committed  in  Behring  Sea  at  the 
distances  from  the  shore  aforesaid ; 

4.  That  the  several  orders  mentioned  in  the  Schedule  annexed  hereto  and  marked 
"C"  warning  vessels  to  leave  or  not  to  enter  Behring  Sea  were  mode  by  public  armed 
vessels  of  the  United  States  the  commanders  of  whicli  had,  at  the  several  times  when 
they  were  given,  like  instructions  as  mentioned  in  finding  3,  and  that  the  vessels  so 
warned  were  engaged  in  sealing  or  prosecuting  voyages  for  that  purpose,  and  that 
Buoh  action  was  adopted  by  the  Government  of  the  United  States ; 

5.  That  the  District  courts  of  the  United  States  in  which  any  proceedings  were 
had  or  taken  for  the  purpose  of  condemning  any  vessel  seized  as  mentioned  in  the 
Schedule  to  the  Case  of  Great  Britain,  pages  1  to  60,  inclusive,  had  all  the  jurisdic- 
tion and  powers  of  Courts  of  Admiralty,  including  the  prize  jurisdiction,  but  that 
in  each  case  the  sentence  pronounced  by  the  Court  was  based  upon  the  grounds  set 
forth  in  the  libel. 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


21 


did  submit 
)aty  certain 
laid  article 
nent  of  the 


AOKEBD    TO 
■TK0   TO   THK 

and  the  sev- 
ledule  to  the 
r  the  United 
Jr  their  con- 
doned in  the 
t  the  actual 
tnd  have  not 
the  United 
any  fature 
the  amounts 

>r"  seized  at 
ioned  in  the 

ie  by  public 
the  several 
verument  of 
.etc,  marked 
at  in  all  the 
nited  States 
of  libels,  a 
bels  in  the 
eged  octB  or 
n  each  case 
and  that  in 
those  cases 
pted  by  the 
wsels  were 
at  the  said 
aws  of  the 
Sea  at  the 

Qd  marked 
blio  armed 
imes  when 
vessels  so 
I  and  that 

ings  were 
ed  in  the 
'  jurisdio- 
but  that 
otinds  set 


Annex  A. 
Treasury  Department,  Office  of  the  Secretary, 

WtuhingtoH,  April  21,  1886. 
Sir:  Referring  to  Department  letter  of  this  date,  directing  you  to  proceed  with 
the  revenue-steamer  Hear,  under  your  command,  to  the  seal  Islands,  etc.,  you  are 
hereby  clothed  with  fall  power  to  enforce  the  law  contained  in  the  provisions  of 
Section  1956  of  the  United  States'  Revised  Statutes,  and  directed  to  seize  all  vessels 
and  arrest  and  deliver  to  the  prober  authorities  any  or  all  persons  whom  you  may 
detect  violating  the  law  referred  to,  after  due  notice  shall  have  been  given. 

You  will  also  seize  any  ]i(]aors  or  fire-arms  attempted  to  be  introduced  into  the 
country  without  proper  permit,  under  the  provisions  of  Section  1955  of  the  Revised 
Statutes,  and  the  Proclamation  of  the  President  dated  4'''  February,  1870. 
Respectfully  yours, 

(Signed)  C.  S.  Fairciiilo,  Acting  Secretary. 

Captain  M.  A.  Healy, 

Commanding  revenue-iteamc"  Bear,  San-Franoieco,  CaHfomia. 

Annex  B. 

IN  THE   district   COURT   OF   THE    UNITED    STATES    FOR    THE    DISTRICT    OF  ALASKA, 

AUGUST  SPECIAL  TKHM,  1886. 

To  the  Honourable  Lafayette  Dawson,  Judge  of  eaid  District  Court: 

The  libel  of  information  of  M.  D.  Ball,  Attorney  for  the  United  States  for  the  Dis- 
trict of  Alaska,  who  prosecutes  on  behalf  of  said  United  States,  and  being  present 
here  in  Court  in  his  proper  person,  in  the  name  and  on  behalf  of  the  said  United 
States,  against  the  schooner  Thornton,  her  tackle,  apparel,  boats,  cargo,  and  furni- 
ture, and  against  all  persons  intervening  for  their  interest  therein,  in  a  cause  of  for- 
feiture, alleges  and  informs  as  follows : 

That  Charles  A.  Abbey,  an  officer  in  the  Revenue  marine  Service  of  the  United 
States,  and  on  special  duty  in  the  waters  of  the  district  of  Alaska,  heretofore,  to  wit, 
on  the  Ist  day  of  August,  1886,  within  the  limitt.  of  Alaska  Territory,  and  in  the 
waters  thereof,  and  within  the  civil  and  judicial  district  of  Alaska,  to  wit,  within 
the  waters  of  that  portion  of  Behring  sea  belonging  to  the  said  district,  on  waters 
navigable  from  the  sea  by  vessels  of  10  or  more  tons  burden,  seized  the  ship  or  ves- 
sel commonly  called  a  schooner,  the  Thornton,  her  tackle,  apparel,  boats,  cargo,  and 
furniture,  being  the  property  of  some  person  or  persons  to  the  said  Attorney 
nnknown,  as  forfeited  to  the  United  States,  for  the  following  causes : 

That  the  said  vessel  or  scUooner  was  found  engaged  in  killing  fur-seal  within  the 
liinits  of  Alaska  Territrory,  and  in  the  waters  thereof,  in  violation  of  section  1956  of 
the  Revised  Statutes  of  the  United  States. 

And  the  said  Attorney  caith  that  all  and  singular  the  premises  are  and  were  true, 
and  within  the  Admiralty  and  maritime  jurisdiction  of  tliis  Court,  and  that  by  rea- 
son thereof,  and  by  force  of  the  Statutes  of  the  United  States  in  such  cases  made 
and  provided,  the  afore-mentioned  and  described  schooner  or  vessel,  being  a  vessel 
of 'over  20  tons  burden,  her  tackle,  apparel,  boats,  cargo,  and  furniture,  became  and 
are  forfeited  to  the  use  of  the  said  United  States,  and  that  said  schooner  is  now 
within  the  district  aforesaid. 

Wherefore  the  said  Attorney  prays  the  nsual  process  and  monition  of  this  honour- 
able Court  issue  in  this  behalf,  and  that  all  persons  interested  in  the  before-mentioned 
and  described  schooner  or  vessel  may  be  cited  in  general  and  special  to  answer  the 
premises,  and  all  due  proceedings  being  had,  that  the  said  schooner  or  vessel,  her 
tackle,  apparel,  boats,  cargo,  and  furniture  may,  for  the  cause  aforesaid,  and  others 
appearing,  be  condemned  by  the  definite  sentence  and  decree  of  this  honourable 
Court,  as  forfeited  to  the  use  of  the  said  United  States,  according  to  the  form  of  the 
Statute  of  the  said  United  States  in  such  cases  made  and  provided. 

(Signed)  M.  D.  Ball, 

United  Slates  District  Attorney  for  the  District  of  Alaska. 


rUB-SRAL  FI8BBKIE8  IN  BBRINO   SEA. 


▲Mmx  0. 

The  following  Tabic  ■hows  the  names  of  the  British  noallng-Tessels  seised  or 
warned  by  United  States  reyenue  oniizcrs  lHKA-1800,  and  the  approximate  distanofi 
from  land  when  seised.  The  distances  SMignvd  in  the  cases  of  the  Carolena,  Thorn- 
ton and  Ofii  ard  are  on  the  authority  of  U.  8.  Naral  Commander  Abbey  (see  60"' 
Congress,  2"<<  Hession,  Senate  Kxeontive  Documents  N»  106,  pp.  20,  SO,  40).  The  dis- 
tances assigned  in  the  cases  of  the  Anna  fieok,  W.  V.  Sayward,  Dolphin  and  Grace  are 
on  the  authority  of  Captain  Sbepard  U.  8.  R.  M.  {Blue  Hook,  United  Htates  N"  2, 
1890.— pp.  80-82.    8ee  Appendix,  vol.  III). 


Name  of  yetael. 


Csrolens . 
Thornton. 
Onward . . 


VsTonHte . 


AnnaBeek 

W.  P.  Say  ward 
Dolphin 


Alft«d  Adam*, 
▲da 


Triiunph. 


Jnanita .... 
Pathfinder . 

Triomph... 


Black  Diamond 

Liljr , 

ArM , 

Kate 

Minnie 

Pathflndor 


Date  of  Miinro. 


August  1, 1880.. 
A  iigimt  1,1886.. 
AnKiiiit2,188«.. 

AaRniit3,188a.. 

July  2,1887... 
July  B,1887... 
July  12, 1887  ... 
Jnlyl7,1887... 
Auguat  10, 1887 . 
Angnst  i&,  1887 

Angaat  4,1887. 

July  31, 1889... 
July  29, 1889.... 

July  11,1888.... 

July  11, 1889.... 
Augnat  6,1889.. 
July  30,1889.... 
Anguit  13, 1889. 
July  15,1889.... 
March  27, 1890.. 


Approximato  di«tani!i'  from  land 
when  aeltail. 


76  mile* 

70mll'"< 

115'       i 

jW«  I  by  Cor  win  In  about  same 
pus    MtnaaOnwAnl. 

66inilea 

60  iiiilen 

Mnillea 

90iiiil«*a 

62niilea 

16inlleH 

^Warned  by  Kntli  not  to  enter  Beh- 
ring  Sea. 

66m|iea 

60mlloB — 

^Oniereil  out  of  Itebring  Sea  by  Rush. 
( f )  Ar  to  poaitiuu  when  warr.tMl. 

35  niileM 

66  milfH 

Ordered  out  of  Uoliring  Sea  by  Rush. 

Ditto. 

66mlleii 

Seised  in  Neah  Bay  (>) 


United  States 
yeseel  mak- 
ing aeiiure. 


Corwin. 
Ctirwin. 
Corwin. 


Hash. 
Ruah. 
Rnab. 
Ruah. 
Ruah. 
Rear. 


Rnab. 
Rush. 


Ruah. 
Ruah. 


Ruah. 
Corwin. 


(I)  Keah  Bay  is  in  the  State  of  Waahington,  and  the  Pathfinder  was  seized  them  on  charges  made 
against  her  in  the  Behring  Sea  in  the  previons  year.    She  was  released  two  days  later. 

And  whereas  the  Government  of  Her  Britannic  Mt^jesty  did  aak  the 
said  Arbitrators  to  And  the  said  facts  as  set  forth  in  the  said  statement, 
and  whereas  the  Agent  and  Counsel  for  the  United  States  Oovernment 
ther'iapon  in  oar  presence  informed  as  that  the  said  statement  of  facts 
was  sustained  by  the  evidence,  and  that  they  had  agreed  with  the 
Agent  and  Ooansel  for  Her  Britannic  Mtvjesty  that  We,  the  Arbitra- 
tors, if  we  should  think  fit  so  to  do  might  find  the  said  statement  of 
facts  to  be  true. 

Now,  We,  the  said  Arbitrators,  do  unanimously  find  the  fJocts  as  set 
forth  in  the  said  statement  to  be  true. 

And  whereas  each  and  every  question  which  has  been  considered  by 
the  Tribunal  has  been  determined  by  a  majority  of  all  the  Arbitrators; 

Now,  We,  Baron  de  Courcel,  Lord  Hannen,  Mr.  Justice  Harlan,  Sir 
John  Thompson,  Senator  Morgan,  the  Marquis  Yisconti  Yeuosta  and 


smelt  Mised  or 
ini«t«  distanofl 
■arolena,  Thorn- 
\bboy  (aee  60"' 
,40).  Thedi.. 
1  and  Grace  are 
ed  Htatee  K"  2, 


FUR-SEAL   FI8HERIR8   IN  BERING  SEA. 


28 


Unltwl  SUU<s 
vmmI  mak- 
ing Miiiire. 


ime 


Corwfn. 
C«»rwln. 
CorwiD. 


Rnah. 
Ruab. 
Raiih. 
Rnah. 
Raah. 
Bear. 


eh- 


ah. 


ah. 


Rnah. 
Raah. 


Rnah. 
Ruah. 


Raah. 
Corwln. 


on  ohargea  made 
»r. 

did  aak  the 
I  statement, 
Government 
ent  of  facts 
id  with  the 
he  Arbitra- 
^atement  of 

facts  as  set 

isidered  by 
Lrbitratorsj 
ffarlan,  Sir 
Buosta  and 


Mr  Oregers  Oram,  the  respective  minorities  not  withdrawing  their 
votes,  do  declare  this  to  be  the  final  Decinion  and  Award  in  writing  of 
thiH  Tribunal  in  at'oordaiice  with  the  Treaty. 

Made  in  daplicate  at  Paris  and  signed  by  us  the  fifteenth  day  of 
August  in  the  year  1893. 

And  We  do  certify  tliis  English  Version  thereof  to  be  true  and 

accurate. 

Alph.  de  Couboel. 

John  M.  Uablan. 

John  T.  Mobqan. 

Bannen 

Jno  8  D  Thompson. 

ViSOONTI  Venosta. 

O.  Guam. 

ACT  OF  COSGRESS,  APPBOVEB  APRQ.  6.  18M. 

Chapter  67.  An  act  to  give  effect  to  the  award  rendered  by  the  Tri- 
bunal of  Arbitration  at  Paris,  under  the  treaty  between  the  United 
States  and  Great  Britain  concluded  at  Washington,  February  twenty- 
ninth,  eighteen  hundred  and  ninety- two,  for  the  purpose  of  nnbmitting 
to  arbitration  certain  questions  concerning  the  preservation  of  the 
fur  seals. 

Whereas  the  following  articles  of  the  award  of  the  Tribunal  of  Arbi- 
tration constituted  under  the  treaty  concluded  at  Washington  the 
twenty-ninth  of  February,  eighteen  hundred  and  ninety-two,  between 
the  United  States  of  America  and  Her  Majesty  the  Queen  of  the  United 
Kingdom  of  Great  Britain  and  Ireland  were  delivered  to  the  r.gcnts  of 
the  respective  Governments  on  the  fifteenth  day  of  August,  eighteen 
!;.undred  and  ninety- three : 

Article  1. 

The  governments  of  the  United  States  and  Great  Britain  shall  forbid 
their  citizens  and  subjects,  respectively,  to  kill,  capture,  or  pursue  at 
any  time,  and  in  any  manner  whatever,  the  animals  commonly  called 
fur  seals,  within  a  zone  of  sixty  miles  around  the  Pribilov  Islands, 
inclusive  of  the  territorial  waters. 

The  miles  mentioned  in  the  preceding  paragraph  are  geographical 
miles,  of  sixty  to  a  degree  of  latitude. 

Article  2. 

T.ie  two  Governments  shall  forbid  their  citizens  and  subjects,  respec- 
tively, to  kill,  capture,  or  pursue,  in  any  manner  whatever,  during  the 
season  extending,  each  year,  from  the  first  of  May  to  the  thirty-first  of 
July,  both  inclusive,  the  fur  seals  on  the  high  sea,  in  the  part  of  the 
Pacific  Ocean,  inclusive  of  the  Bering  Sea,  wliich  is  situated  to  the 


I]    I 


24 


FUR-SEAL   FISHERIES  IN  BSBINO   BEA. 


nortb  of  the  thirty-fifth  degree  of  north  latitude,  and  eastward  of  the  one 
hundred  and  eightieth  degree  of  longitude  from  Greenwich  till  it  strikes 
the  water  boundary  described  in  article  one  of  the  treaty  of  eighteen 
hundred  and  sixty-seven  between  the  United  States  and  Bussia,  and 
following  that  line  up  to  Borings  Straits. 

Aetiole  3. 

During  the  period  of  time  and  in  the  waters  in  which  the  fur-seal 
fisliing  is  allowed,  only  sailing  vessels  shall  be  permitted  to  carry  on  or 
take  part  in  fUr-seal  fishing  operations.  They  will,  however,  be  at  lib- 
erty to  avail  themselves  of  the  use  of  such  canoes  or  undecked  boats, 
propelled  by  paddles,  oars,  or  sails,  as  are  in  common  use  as  fishing 

boats. 

Abtiole  4. 

Each  sailing  vessel  authorized  to  fish  for  fur  seals  must  be  provided 

with  a  special  license  issned  for  that  purpose  by  its  Government,  and 

shall  be  required  to  carry  a  distinguishing  flag  to  be  prescribed  by  its 

Government. 

Abtiole  5. 

The  masters  of  the  vessels  engaged  in  fur-seal  fishing  shall  enter 
accurately  in  their  official  log  book  the  date  and  place  of  each  fur-seal 
fishing  operation,  and  also  the  number  and  sex  of  the  seals  captured 
upon  each  day.  These  entries  shall  be  communicated  by  each  of  the 
two  Governments  to  the  other  at  the  end  of  each  fishing  season. 

Article  6. 

The  use  of  nets,  firearms,  and  explosives  shall  be  forbidden  in  the  fur- 
seal  fishing.  This  restriction  shall  not  apply  to  shotguns  when  such 
fishing  takes  place  outside  of  Behring  Sea,  during  the  season  when  it 
may  be  lawfully  carried  on. 

Astiole  7. 

The  two  Governments  shall  take  measures  to  control  the  fitness  of 
the  men  authorized  to  engage  in  fur-seal  fishing;  these  men  shall  have 
been  proved  fit  to  handle  with  sufficient  skill  the  weapons  by  means  of 
which  this  fishing  may  be  carried  on. 

Article  8. 

The  regulations  contained  in  the  preceding  articles  shall  not  apply 
to  Indians  dwelling  on  the  coast  of  the  territory  of  the  United  States 
or  of  Great  Britain,  and  carrying  on  fur-seal  fishing  in  canoes  or  un- 
decked boats  not  transported  by  or  used  in  connection  with  other  ves- 
sels and  propelled  wholly  by  paddles,  oars,  or  sails  and  manned  by  not 
more  than  five  persona  each  in  the  way  hitlierto  practiced  by  the 
Indians,  provided  such  Indians  are  not  in  the  employment  of  other 
persons,  and  provided  that  when  so  hunting  in  canoes  or  undecked 


rardof  theone 
Bh  till  it  strikes 
{bty  of  eighteen 
id  BuBsia,  and 


[cb  the  far-seal 

to  carry  on  or 

^ever,  be  at  lib- 

indeckcd  boats, 

nse  as  fishing 


lust  be  provided 
rovernment,  and 
>re8cribed  by  its 


bing  shall  enter 
J  of  each  fiir-seal 
le  seals  captured 
id  by  each  of  the 
ing  season. 


bidden  in  the  fur- 
itguns  when  snch 
lie  season  when  it 


trol  the  fitness  of 
se  men  shall  have 
,pou8  by  means  of 


(8  shall  not  apply 
;he  United  States 
5  in  canoes  or  un- 
jn  with  other  ves- 
Dd  manned  by  not 
practiced  by  the 
iloynient  of  other 
noes  or  undecked 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


25 


boats  they  shall  not  hunt  fur  seals  outside  of  territorial  waters  under 
contract  for  the  delivery  of  the  skins  to  any  person. 

This  exemi)tion  shall  not  be  construed  to  affect  tlio  municipal  law  of 
either  country,  nor  shall  it  extend  to  the  waters  of  Behring  Sea  or  the 
waters  of  the  Aleutian  Passes. 

Nothing  herein  contained  is  intended  to  interfere  with  the  employ- 
ment of  Indians  as  hunters  or  otherwise  in  connection  with  fur  sealing 
vessels  as  heretofore. 

Article  9. 

The  concurrent  regulations  hereby  determined  with  a  view  to  the 
protection  and  preservation  of  the  fur  seals  shall  remain  in  force  until 
they  have  been,  in  whole  O'  in  part,  abolished  or  modified  by  common 
agreement  between  tho  Governments  of  the  United  States  and  of  Great 
Britain. 

The  said  concurrent  regulations  shall  be  submitted  every  five  years 
to  a  new  examination,  so  as  to  enable  both  interested  Governments  to 
consider  whether,  in  the  light  of  past  experience,  there  is  occasion  for 
any  modification  thereof. 

Now,  therefore,  be  it  enacted  by  the  Senate  and  Home  of  Representatives 
of  the  United  States  of  America  in  Congress  assembled,  That  no  citizen 
of  the  [Jnited  States,  or  person  owing  the  duty  of  obedience  to  the  laws 
or  the  treaties  of  the  United  States,  nor  any  person  belonging  to  or  on 
board  of  a  vessel  of  the  United  States,  shall  kill,  capture,  or  pursue,  at 
■ray  time,  or  in  any  manner  whatever,  outside  of  territorial  waters,  any 
iur  seal  in  the  waters  surrounding  the  Pribilov  Islands  within  a  zone 
of  sixty  geographical  miles  (sixty  to  a  degree  of  latitude)  around  said 
isliDids,  exclusive  of  the  territorial  waters. 

Sec.  2.  That  no  citizen  of  the  United  States,  or  person  above  de- 
scribed in  section  one  of  this  act,  nor  any  person  belonging  to  or  on 
board  of  a  vessel  of  the  United  States,  shall  kill,  capture,  or  pursue, 
in  any  manner  whatever,  during  the  season  extending  from  the  first  day 
of  May  to  the  thirty-first  day  of  July,  both  inclusive,  in  each  year,  any 
fur  seal  on  the  high  seas  outside  of  the  zone  mentioned  in  section  one, 
and  in  that  part  of  the  Pacific  Ocean,  including  Behring  Sea,  which  is 
situated  to  the  north  of  the  thirty-fifth  degree  of  north  latitude  and  to 
the  east  of  the  one  hundred  and  eightieth  degree  of  longitude  from 
Greenwich  till  it  strikes  the  water  boundary  described  in  article  one  of 
the  treaty  of  eighteen  hundred  and  sixty-seven,  between  the  United 
States  and  Bussia,  and  following  that  line  up  to  Behring  Straits. 

Seo.  3.  No  citizeo  of  the  United  States  or  person  above  described,  in 
the  first  section  of  this  act,  shall,  during  the  period  and  in  the  waters 
in  whi(5h  by  section  two  of  this  act  the  killing  of  fur  seals  is  not  pro- 
hibited, use  or  employ  any  vessel,  nor  shall  any  vessel  of  the  United 
States  be  used  or  employed,  in  carrying  on  or  taking  part  in  fur  seal 
fishing  operat..uns  other  than  a  sailing  vessel  propelled  by  sails  exclu- 
sively, and  such  canoes  or  undecked  boats,  propelled  by  paddles,  oars, 


Ii 


!  I 


If!  I 

111! 


i: 


26 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


or  sails  as  may  belong  to,  and  be  nsed  in  connection  with,  snch  sailing 
vessels;  nor  shall  any  sailing  vessel  carry  on  or  take  part  in  such  oper- 
ations without  a  special  license  obtained  from  the  Government  for  that 
purpose,  and  without  carrying  a  distinctive  flag  prescribed  by  the  Gov- 
ernment for  the  same  purpose. 

Sec.  4.  That  every  master  of  a  vessel  Licensed  under  this  act  to 
engage  in  fur  seal  fishing  operations  shall  accurately  enter  into  his 
official  log  book  the  date  sind  place  of  every  such  operation,  and  also 
the  number  and  sex  of  the  seals  captured  each  day;  and  on  coming  into 
port,  and  before  landing  cargo,  the  master  shall  verify,  on  oath,  such 
official  log  book  as  containing  a  full  and  true  statement  of  the  number 
and  character  of  his  fur-seal  fishing  operations,  including  the  number 
and  sex  of  seals  captured;  and  for  any  false  statement  willfully  made 
by  a  person  so  licensed  by  the  United  States  in  this  behalf  he  shall  be 
subject  to  the  penalties  of  perjury;  and  any  seal  skins  found  in  excess 
of  the  statement  in  the  official  log  book  shall  be  forfeited  to  the  United 
States. 

Sec.  5.  That  no  person  or  vessel  engaging  in  fur-seal  fishing  opera- 
ations  under  this  act  shall  use  or  employ  in  any  such  operations,  any 
net,  firearm,  airgun,  or  explosive :  Provided,  however.  That  this  prohi- 
bition shall  not  apply  to  the  use  of  shotguns  in  such  operations  outside 
of  Behring  Sea  during  the  season  when  the  killing  of  fur  seals  is  not 
there  prohibited  by  this  act. 

Sec.  6.  That  the  foregoing  sections  of  this  act  shall  not  apply  to 
Indians  dwelling  on  the  coast  of  the  United  States,  and  taking  fur 
seals  in  canoes  or  undecked  boats  propelled  wholly  by  paddles,  oars,  or 
sails,  and  not  transported  by  or  used  in  connection  with  other  vessels, 
or  manned  by  more  than  five  persons,  in  the  manner  heretofore  prac- 
ticed by  the  said  Indians:  Provided,  however,  That  the  exception  made 
in  this  section  shall  not  apply  to  Indians  in  the  employment  of  other 
persons,  or  who  shall  kill,  capture,  or  pursue  fur  seals  outside  of  terri- 
torial waters  under  contract  to  deliver  the  skins  to  other  persons,  nor 
to  the  waters  of  Behring  Sea  or  of  the  passes  between  the  Aleutian 
Islands. 

Sec.  7.  That  the  President  shall  have  power  to  make  regulations 
respecting  the  sjiecial  license  and  the  distinctive  flag  mentioned  in  this 
act  and  regulations  otherwise  suitable  to  secure  the  due  execution  of 
the  provisions  of  this  act,  and  from  time  to  time  to  add  to,  modify, 
amend,  or  revoke  such  regulations  as  in  his  judgment  may  seem  expe- 
dient. 

Sec.  8.  That,  except  in  the  case  of  a  master  making  a  false  state- 
ment under  oath  in  violation  of  the  provisions  of  the  fourth  section  of 
this  act,  every  person  guilty  of  a  violation  of  the  provisions  of  this  act, 
or  of  the  regulations  made  thereunder,  shall  for  each  oft'ense  be  fined 
not  less  than  two  hundred  dollars,  oi  imprisoned  not  more  than  six 
months,  or  both;  and  all  vessels,  their  tackle,  apparel,  furniture,  and 


mmmm 


PUB-SEAL   FISHERIES  IN   BERING    SEA. 


27 


such  sailing 

in  such  oper- 

lent  for  that 

by  the  Gov- 

this  act  to 

ter  into  his 

)n,  and  also 

coming  into 

I  oath,  such 

;he  number 

he  number 

ftJly  made 

he  shall  be 

id  in  excess 

the  United 

bing  opera- 
ations,  any 
this  prohi- 
ons  outside 
?eal8  is  not 

)t  apply  to 
taking  fur 
les,  oars,  or 
ler  vessels, 
»fore  prac- 
)tion  made 
it  of  other 
3e  of  terri- 
srsons,  nor 
i  Aleutian 

agulations 
'ed  in  this 
ecution  of 
3,  modify, 
3em  expe- 

Ise  state- 
Jection  of 
this  act, 
be  fined 
than  six 
lire,  and 


cargo,  at  any  time  used  or  employed  in  violation  of  this  act,  or  of  the 
regulations  made  thereunder,  shall  be  forfeited  to  the  United  States. 

Sec.  9.  That  any  violation  of  this  act,  or  of  the  regulations  made 
thereunder,  may  be  prosecuted  either  in  the  district  court  of  Alaska 
or  in  any  district  court  of  the  United  States  in  California,  Oregon,  or 
Washington. 

Seo.  10.  That  if  any  unlicensed  vessel  of  the  United  States  shall  be 
found  within  the  waters  to  which  this  act  applies,  and  at  a  time  when 
the  killing  of  fur  seals  is  by  this  act  there  prohibited,  having  on  board 
seal  skins  or  bodies  of  seals,  or  apparatus  or  implements  suitable  for 
killing  or  taking  seals;  or  if  any  licensed  vessel  shall  be  found  in  the 
waters  to  which  this  act  applies,  having  on  board  apparatus  or  imple- 
ments suitable  for  taking  seals,  but  forbidden  then  and  there  to  be  used, 
it  shall  be  presumed  that  the  vessel  in  the  one  case  and  the  apparatus 
or  implements  in  the  other  was  or  were  used  in  violation  of  this  act 
until  it  is  otherwise  sufficiently  proved. 

Seo.  11.  That  it  shall  be  the  duty  of  the  President  to  cause  a  suffi- 
cient naval  force  to  cruise  in  the  waters  to  which  this  act  is  applicable 
to  enforce  its  provisions,  and  it  shall  be  the  duty  of  the  commanding 
officer  of  any  vessel  belonging  to  the  naval  or  revenue  service  of  the 
United  States,  when  so  instructed  by  the  President,  to  seize  and  arrest 
all  vessels  of  the  United  States  found  bj  him  to  be  engaged,  used,  or 
employed  in  the  waters  last  aforesaid  in  violation  of  any  of  the  prohibi- 
tions of  this  act,  or  of  any  regulations  made  thereunder,  and  to  ta^e  the 
same,  with  all  persons  on  board  thereof,  to  the  most  convenient  port  in 
any  district  of  the  United  States  mentioned  in  this  act,  there  to  be  dealt 
with  according  to  law. 

Sec.  12.  That  any  vessel  or  citizen  of  the  United  States,  or  person 
described  in  the  first  section  of  this  act,  offending  against  the  prohibi- 
tions of  this  act  or  the  regulations  thereunder,  may  be  seized  and 
detained  by  the  naval  or  other  duly  commissioned  officers  of  Her 
Majesty  the  Queen  of  Great  Britain,  but  when  so  seized  and  detained 
they  shall  be  delivered  as  soon  as  practicable,  with  any  witnesses  and 
proofs  on  Ivoard,  to  any  naval  or  revenue  officer  or  other  authorities  of 
the  United  States,  whose  courts  alone  shall  have  jurisdiction  to  try  the 
offense  and  impose  the  penalties  for  the  same:  Provided,  however,  That 
British  officers  shall  arrest  and  detain  vessels  and  persons  as  in  this 
sfc-tion  specified  only  after,  by  appropriate  legislation.  Great  Britain 
shai^  have  authorized  officers  of  the  United  States  duly  commissioned 
and  instructed  by  the  President  to  that  end  to  arrest,  detain,  and 
deliver  to  the  authorities  of  Great  Britain  vessels  and  subjects  of  that 
Government  oli'ending  against  any  statutes  or  regulations  of  Great 
Britain  enacted  or  made  to  enforce  the  awaid  of  the  treaty  mentioned 
in  the  title  of  this  act. 

Approved,  April  6, 1894.  • 


28  FUB-SEAL   FISHERIES   IN  BERING   SEA. 

SEAL  FISHEBIE8. 

By  the  President  of  the  United  States  of  America, 
A  PROCLAMATION. 

Whereas  an  Act  of  Congress  entitled  "An  Act  to  give  effect  to  the 
Award  rendered  by  the  Tribunal  of  Arbitration  at  Paris,  under  the 
treaty  between  the  United  States  and  Great  Britain,  concluded  at  Wash- 
ington, February  29, 1892,  for  the  purpose  of  submitting  to  arbitration 
certain  questions  concerning  the  preservation  of  the  fur-seals"  was 
approved  April  6, 1894,  and  reads  as  follows : 

Whereas  the  following  articles  of  the  award  of  the  Tribunal  of  Arbitration  consti- 
tuted under  the  treaty  concluded  at  Washington  the  twenty-ninth  of  February, 
eighteen  huurlrod  and  ninety-two,  between  the  United  States  of  America  and  Her 
Majesty  the  Queen  of  the  United  Kingdom  of  Great  Britain  and  Ireland  were  deliv- 
ered to  the  agents  of  the  respective  governments  on  the  fifteenth  day  of  Angnst, 
eighteen  hundred  and  ninety-three: 

Articia  1. 

* 

The  governments  of  the  United  States  and  Great  Britain  shall  forbid  their  citizens 
and  snbjects  resp.ectively  to  kill,  capture,  or  pursue  at  any  time,  and  in  any  manner 
whatever,  the  animals  commonly  called  fur  seals,  within  a  zone  of  sixty  miles  around 
the  Pribilov  Islands,  inclusive  of  the  territorial  waters. 

The  miles  mentioned  in  the  preceding  paragraph  are  geographical  miles,  of  sixty 
to  a  degree  of  latitude. 

Article  2. 

The  two  governments  shall  forbid  their  citizens  and  sabjeots  respectively  to  kill, 
capture  or  pursue,  in  any  manner  whatever,  daring  the  season  extending,  each  year, 
from  the  first  of  May  to  the  thirty-first  of  July,  both  inclusive,  the  fur  seals  on  the 
high  sea,  in  the  part  of  the  Pacific  Ocean,  inclusive  of  the  Bering  Sea,  which  is  situated 
to  the  north  of  the  thirty-fifth  degree  of  north  latitude,  j.nd  eastward  of  the  one 
hundred  and  eightieth  degree  of  longitude  from  Green  rich  till  it  strikes  the  water 
boundary  described  in  article  one  of  the  treaty  of  eighl  een  hundred  and  sixty-seven 
between  the  United  States  and  Russia,  and  following  tLut  line  np  to  Berings  Straits. 

Articlb  3. 

During  the  period  of  time  and  in  the  waters  in  which  the  fnrsenl  fishing  is  allowed, 
only  sailing  vessels  shall  be  permitted  to  carry  on  or  take  part  in  fur-seal  fishing 
operations.  They  will  however  be  at  liberty  to  avail  themselves  of  the  use  of  such 
canoes  or  undecked  boats,  propelled  by  paddles,  oars,  or  sails,  as  are  in  common  use 
as  fishing  boats. 

Artiolk  4. 

Each  sailing  vessel  authorized  to  fish  for  fur  seals  must  be  provided  with  a  special 
license  issued  for  that  purpose  by  its  Government,  and  shall  be  required  to  carry  a 
dietingnishing  flag  to  be  prescribed  by  its  Government. 

Abticlb  6. 

The  masters  of  the  vessels  engaged  in  fnr-seal  fishing  shall  enter  aocnrately  in  their 
official  log  book  the  date  and  place  of  each  fnr-seal  fishing  operation,  and  also  the 
number  and  sex  of  the  seals  captured  npon  each  day.  These  entries  shall  be  commnni- 
cated  by  each  of  the  two  governments  to  the  other  at  the  end  of  each  fishing  season. 


a.iiii;imiitfiiiiniS'»t 


Ambbica. 


B  effect  to  the 
'is,  under  the 
ided  at  Wash- 
to  arbitration 
ar-seals"  was 


t>itratioi]  consti- 
ih  of  February, 
nerica  and  Her 
and  were  delir- 
day  of  Angnat, 


id  their  citizens 
I  in  any  manner 
ty  miles  around 

miles,  of  sixty 


ectirely  to  kill, 
ling,  each  year, 
ur  seals  on  the 
rhich  is  situated 
'ard  of  the  ono 
rikes  the  water 
ind  sixty-seven 
Berings  Straits. 


ling  is  allowed, 
'ur-seal  fishing 
;he  use  of  such 
in  common  use 


with  a  special 
ired  to  carry  a 


rately  in  their 
,  and  also  the 
[I  be  oommani- 
iahing  seMon. 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


Articlb  6. 


29 


The  use  of  nets,  firearms  and  explosives  shall  be  forbidden  in  the  fur-seal  fishing. 
This  restriction  shall  not  apply  to  shotguns  when  such  fishing  takes  place  outside  of 
fiehring  Sea,  during  the  season  when  it  may  be  lawfully  carried  on. 

Abticle  7. 

The  two  governments  shall  take  measures  to  control  the  fitness  of  the  men  author- 
ized to  engage  in  fur-seal  fishing;  these  men  shall  have  been  proved  fit  to  handle 
with  suflicieut  skill  the  weapons  by  means  of  which  this  fishing  may  be  carried  on. 

Articlb  8. 

The  regulations  contained  in  the  preceding  articles  shall  not  apply  to  Indians 
dwelling  on  the  coast  of  che  territory  of  the  United  States  or  of  Great  Britain,  and 
carrying  on  fur-seal  fishing  in  canoes  or  undecked  boats  not  transported  by  or  used 
in  connection  with  other  vessels  and  propelled  wholly  by  paddles,  oars  or  sails  and 
manned  by  not  more  than  five  persons  each  in  the  way  hitherto  practiced  by  the 
Indians,  provided  such  Indians  are  not  in  the  employment  of  other  persons  and 
provided  that,  when  so  hunting  in  canoes  or  undecked  boats,  they  shall  not  hunt 
fur  seals  outside  of  territorial  waters  under  contract  for  the  delivery  of  the  skins 
to  any  person. 

This  exemption  shall  not  be  construed  to  affect  the  municipal  law  of  either  coun- 
try, nor  shall  It  extend  to  the  waters  of  Behring  Sea  or  the  waters  of  the  Aleutian 
Passes. 

Nothing  herein  contained  is  intended  to  interfere  with  the  employment  of  Indians 
as  hunters  or  otherwise  in  connection  with  fur  sealing  vessels  as  heretofore. 

Articlb  9. 

The  concurrent  regulations  hereby  determined  with  a  view  to  the  protection  and 
preservation^  of  the  fur  seals,  shall  remain  in  force  until  they  have  been,  in  whole  or 
in  part,  abolished  or  modified  by  common  agreement  between  the  governments  of 
the  United  States  and  of  Great  Britain. 

The  said  concurrent  regulations  shall  be  submitted  every  five  years  to  a  new 
examination,  so  as  to  enable  both  interested  governments  to  consider  whether,  in  the 
light  of  past  experience,  there  is  occasion  for  any  modification  thereof. 

Now  therefore,  be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  no  citizen  of  the  United  States,  or  per- 
son owing  the  duty  of  obedience  to  the  laws  or  the  treaties  of  the  United  States,  nor 
any  person  belonging  to  or  on  board  of  a  vessel  of  the  United  States,  shall  kill,  cap- 
ture, or  pursue,  at  any  time,  or  in  any  manner  whatever,  outside  of  territorial  waters, 
any  fur  seal  in  the  waters  surrounding  the  Pribilov  Islands  within  a  zone  of  sixty 
geographical  miles  (sixty  to  a  degree  of  latitude)  around  said  islands,  exclusive  of 
the  territorial  waters. 

Sec.  2.  That  no  citizen  of  the  United  States,  or  person  above  described  in  section 
one  of  this  act,  nor  any  person  belonging  to  or  on  board  of  a  vessel  of  the  United 
States,  shall  kill,  capture,  or  pursue,  in  any  manner  whatever,  during  the  season 
extending  from  the  first  day  of  May  to  the  thirty-first  day  of  July,  both  inclusive,  in 
each  year,  any  fur  seal  on  the  high  seas  outside  of  the  zone  mentioned  in  section  one, 
and  in  that  part  of  the  Pacific  Ocean,  including  Behrirg  9na,  which  is  situated  to  the 
north  of  the  thirty-fifth  degree  of  north  latitude  an'  do  the  east  of  the  one  hundred 
and  eightieth  degree  of  longitude  from  Greenwich  till  it  strikes  the  water  boundary 
described  in  article  one  of  the  treaty  of  eighteen  hundred  and  sixty-seven,  between 
the  United  States  anu  Russia,  and  following  that  line  up  to  Behring  Straits. 

Sec.  3.  No  citizen  of  the  United  States  or  person  above  described,  in  the  first  sec- 
tion of  this  Act,  shall,  during  the  period  and  in  the  waters  in  which  by  section  two 


nm 


30 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


lil 


of  this  Act  the  killing  of  fur  seals  is  not  prohibited,  jse  or  employ  any  vessel,  nor 
shall  any  vessel  of  the  United  States  be  used  or  employed,  iu  carrying  on  or  taking 
part  in  fur-seal  fishing  operations,  other  than  a  sailing  vessel  propelled  by  sails 
exclusively,  and  such  canoes  or  undecked  boats,  propelled  by  paddles,  oars,  or  sails 
as  may  belong  to,  and  be  used  in  connection  with,  such  sailing  vessels;  nor  shall 
any  sailing  vessel  carry  on  or  take  part  in  such  operations  without  a  special  license 
obtained  from  the  Government  for  that  purpose,  and  without  carrying  a  distinctive 
tlag  prescribed  by  the  Government  for  the  same  purpose. 

8kc.  4.  That  every  master  of  a  vessel  licensed  under  this  act  to  engage  in  fur-seal 
fishing  operations  shall  accurately  enter  in  his  official  log  book  the  date  and  place 
of  every  such  operation,  and  also  the  number  and  sex  of  the  seals  captured  eaoh  day ; 
and  on  coming  into  port,  and  before  landing  cargo,  the  master  shall  verify,  on  oath, 
such  official  log  book  as  containing  a  full  and  true  "tatement  of  the  number  and 
obar.acter  of  his  fur-seal  fishing  operations,  including  the  number  and  sex  of  seals 
captured ;  and  for  any  false  statement  willfully  made  by  a  person  so  licensed  by  the 
United  States  iu  this  behalf  he  shall  be  subject  to  the  penalties  of  perjury ;  and  any 
seal  skins  found  iu  excess  of  the  statement  in  the  official  log  book  shall  be  forfeited 
to  the  United  States. 

Skc.  5.  That  no  person  or  vessel  engaging  in  fur-seal  fishing  operations  under  this 
Act  shall  use  or  employ  in  any  such  operations,  Any  net,  firearm,  airgun,  or  explosi'.e : 
Provided  however,  That  this  prohibition  shall  not  apply  to  the  use  of  shotguns  in 
such  operations  outside  of  Bering  Sea  during  the  season  when  the  killing  of  fur 
seals  is  not  there  prohibited  by  this  Act. 

Sec.  6.  That  the  foregoing  sections  of  this  act  shall  not  apply  to  Indians  dwelling 
on  the  coast  of  the  United  States,  and  taking  fur  seals  in  canoes  or  undecked  boats 
propelled  wholly  by  paddles,  oars,  or  sails,  and  not  transported  by  or  used  in  con- 
nection  with  other  vessels,  or  manned  by  more  than  five  persons,  in  the  manner  here- 
tofore practiced  by  the  said  Indians:  Provided,  howevei;  That  the  exception  made  in 
this  section  shall  not  apply  to  Indians  in  the  employment  of  other  persons,  or  who 
shall  kill,  capture,  or  pursue  fur  seals  outside  of  territorial  waters  under  contract 
to  deliver  the  skins  to  other  persons,  nor  to  the  waters  of  Behring  Sea  or  of  the  passes 
between  the  Aleutian  Islands. 

Sec.  7.  That  the  President  shall  have  power  to  make  regulations  respecting  the 
special  license  and  the  distinctive  flag  mentioned  in  this  Act  and  regulations  other- 
wise suitable  to  secure  the  due  execution  of  the  provisions  of  this  act,  and  from  time 
to  time  to  add  to,  modify,  amend,  or  revoke  such  regulations,  as  in  his  judgment  may 
seem  expedient. 

Sec.  8.  That,  except  in  the  case  of  a  master  making  a  false  statement  under  oath 
in  violation  of  the  provisions  of  the  fourth  section  of  this  Act,  every  person  guilty  of 
a  violation  of  the  provisions  of  this  Act,  or  of  the  regulations  made  thereunder,  shall 
for  each  olfcnse  be  fined  not  less  than  two  hundred  dollars,  or  imprisoned  not  more 
than  six  months,  or  both;  and  all  vessels,  their  tackle,  apparel,  furniture,  and  cargo, 
at  any  time  used  or  employed  in  violation  of  this  Act,  or  of  the  regulations  made 
thereunder,  shall  be  forfeited  to  the  United  States. 

Sec.  9.  That  any  violation  of  this  Act,  or  of  the  regulations  made  thereunder,  may 
be  prosecuted  either  in  the  district  court  oi  Alaska  or  in  any  district  court  of  the 
United  States  in  California,  Oregon,  or  Washington. 

Sec.  10.  That  if  any  unlicensed  vessel  of  the  United  States  shall  be  found  within 
the  waters  to  which  this  Act  applies,  and  at  a  time  when  the  killing  of  fur  seals  is 
by  this  Act  there  prohibited,  having  on  board  seal  skins  or  bodies  of  seals,  or  appa- 
ratus or  implements  suitable  for  killing  or  taking  seals ;  or  if  any  licensed  vessel  shall 
bo  founcl  in  the  waters  to  which  this  Act  applies,  having  on  board  apparatus  or  iniple- 
meni;s  suitable  for  taking  seals,  but  forbidden  then  and  there  to  be  used,  it  shall  be 
presumed  that  tie  vessel  in  the  one  case  and  the  apparatus  or  implements  in  the 
other  was  or  were  used  in  violation  of  this  Act  until  it  is  otherwise  suffioieutly 
proved. 


FUS-SEAL   FISHERIES   IN   BERING   SEA. 


81 


any  vessel,  nor 
g  on  or  taking 
pelled  by  sails 
8,  oars,  or  sails 
aels;  nor  shall 
special  liceuHe 
g  a  distinctive 

rage  in  fnr-seal 
late  and  place 
ured  each  day ; 
'^erify,  on  oath, 
e  number  and 
d  sex  of  seals 
i  censed  by  tbo 
jury;  and  any 
11  be  forfeited 

ons  under  this 

I,  or  explosive: 

•f  shotguns  in 

killing  of  fur 

iians  dwelling 
ndecked  boats 
ir  used  in  con- 
3  nianner  here- 
ptioii  made  in 
ersons,  or  who 
indor  contract 
T  of  the  passes 

•espocting  the 
iliitions  other- 
and  from  time 
judgment  may 

at  under  oath 
rson  guilty  of 
reunder,  shall 
ned  not  more 
re,  and  cargo, 
ilations  made 

ircunder,  may 
court  of  the 

found  within 
)f  fur  seals  is 
jals,  or  appa- 
d  vessel  shall 
itusoriuiple- 
d,  it  shall  be 
nents  in  the 
i  auffioieutly 


Sec.  11.  That  it  shall  be  the  daty  of  the  President  to  cause  a  sufficient  naval  force 
to  cruise  in  the  waters  to  which  this  Act  is  applicable  to  enforce  its  provisions,  and 
it  shall  be  the  duty  of  the  commanding  officer  of  any  vessel  belonging  to  the  naval 
or  revenue  service  of  the  United  States,  when  so  instructed  by  the  President,  to  seize 
and  arrest  all  vessels  of  the  United  States  fouud  by  him  to  be  engaged,  used,  or 
employed  in  the  waters  last  aforesaid  in  violation  of  any  of  the  prohibitions  of  this 
Act,  or  of  any  regulations  made  thereunder,  and  to  take  the  same,  with  all  persons 
on  board  thereof,  to  the  most  convenient  port  in  any  district  of  the  United  States 
meutionod  in  this  Act,  there  to  be  dealt  with  according  to  law. 

Sec.  12.  That  any  vessel  or  citizen  of  the  United  States,  or  person  described  in  the 
first  section  of  this  Act,  offending  against  the  prohibitions  of  this  Act  or  the  regula- 
tions thereunder,  may  be  seized  and  detained  by  the  naval  or  other  duly  commis- 
sioned officers  of  Her  Majesty  the  Queen  of  Great  Britain,  but  when  so  seized  and 
detained  they  shall  be  delivered  as  soon  as  practicable,  with  aay  witnesses  and 
proofs  on  board,  to  any  naval  or  revenue  officer  or  other  authorities  of  the  United 
States,  whose  courts  alone  shall  have  jurisdiction  to  try  the  offense  and  impose  the 
penalties  for  the  same :  Provided,  however,  That  British  officers  shall  arrest  and  detain 
vessels  and  persons  as  in  this  section  specified  only  after,  by  appropriate  legislation. 
Great  Britain  shall  have  authorized  officers  of  the  United  States  duly  commissioned 
and  instructed  by  the  President  to  that  end  to  arrest,  detain,  and  deliver  to  the 
authorities  of  Great  Britain  vessels  and  subjects  of  that  Government  offending  against 
any  statutes  or  regulations  of  Great  Britain  enacted  or  made  to  enforce  the  award  of 
the  treaty  mentioned  in  the  title  of  this  Act. 

Approved,  April  6,  1894. 

Now  Therefore,  Be  it  Known  that  I,  Grover  Cleveland,  President  of 
the  United  States  of  America,  have  caused  the  said  Act  specially  to 
be  proclaimed  to  the  end  that  its  provisions  may  be  known  and 
observed;  and  I  hereby  proclaim  that  every  person  guilty  of  a  violation 
of  the  provisions  of  said  Act  will  be  arrested  and  punished  as  therein 
provided;  and  all  vessels  so  employed,  their  tackle,  apparel,  furniture 
and  cargo,  will  be  seized  and  forfeited. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  caused  the 

Seal  of  the  United  States  to  be  aifixed. 

Done  at  the  City  of  Washington  this  9th  day  of  April  in  the  year  of 

our  Lord  One  thousand  eight  hundred  and  ninety  four,  and  of 

[seal.]    the  Independence  of  the  United  States  the  One  hundred  and 

eighteenth. 

Gboyeb  Cleveland. 
By  the  President : 
W.  Q.  Gebsham, 

Secretary  of  State. 


[Public— No.  54.] 

AN  ACT  To  amend  section  one  of  an  Act  approved  April  sixth,  eighteen  hundred 
and  ninety-four,  entitled  "An  Act  to  give  effect  to  the  award  rendered  by  the 
Tribunal  of  Arbitration,  at  Paris,,  under  the  treaty  between  the  United*  Stat«8  and 
Groat  Britain,  concluded  at  Washington,  February  twenty-ninth,  eighteen  hun- 
dred and  ninety-two,  for  the  purpose  of  submitting  to  arbitration  certain  <][ues- 
tions  concerning  the  preservation  of  the  fur  seals." 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled,  That  section  one  of  the  Act 


f 


ill 


at 


FUR-SEAL   FI8HKRIEB 


I. 


m  iiHk 


ING   SEA. 


entitled  "An  Act  to  give  effect  to  the  award  rendered  by  the  Tribunal 
ot  Arbitration,  at  Paris,  under  the  treaty  between  the  United  States 
and  Great  Britain  concluded  at  Washington,  February  twenty-ninth, 
eighteen  hundred  and  ninety-two,  for  the  purpose  of  .submitting  to 
arbitration  certain  questions  concerning  the  preservation  of  the  fur 
seals,"  approved  April  sixth,  eighteen  hundred  and  ninety  four,  be 
amended  by  striking  out  the  word  "exclusive"  where  it  occurs  in  said 
section  one  and  inserting  the  word  "inclusive,"  so  that  said  section 
will  read:  That  no  citizen  of  the  United  States,  or  person  owing  the 
duty  of  obedience  to  the  laws  or  the  treaties  of  the  United  States,  nor 
any  person  belonging  to  or  on  board  of  a  vessel  of  the  United  States, 
shall  kill,  capture,  or  pursue,  at  any  time,  or  in  any  manner  whatever, 
outside  of  territorial  waters,  any  fur  seal  in  the  waters  surrounding  the 
Pribilov  Islands  within  a  zone  of  sixty  geographical  miles  (sixty  to  a 
degree  of  latitude)  around  said  islands,  inclusive  of  the  territorial 
waters. 
Approved,  April  24, 1894. 


ill 


[PUBLIO-NO.  76.] 

AN  ACT  Snpplementary  to  an  Act  approved  April  sixth,  eighteen  hundred  and 
ninety-foar,  for  the  execution  of  the  award  rendered  at  Paris,  Aagnst  fifteenth, 
eighteen  hundred  and  ninety-three,  by  the  Tribunal  of  Arbitration  constituted 
under  the  treaty  between  the  United  States  and  Great  Britain,  concluded  at  Wnsh- 
ington,  February  twenty-ninth,  eighteen  hundred  and  ninety-two,  in  relation  to 

the  preservation  of  the  far  seal. 

• 

Whereas  by  the  seventh  article  of  the  treaty  between  the  United 
States  and  Great  Britain,  concluded  ai  Washington,  February  twenty- 
ninth,  eighteen  hundred  and  ninety-two,  in  relation  to  the  preservation 
of  the  fur  seal,  the  high  contracting  parties  agree  to  co-operate  in 
securing  the  adhesion  of  other  powers  to  such  regulations  as  the  arbi- 
trators under  said  treaty  might  determine  upon  for  that  purpose;  and 

Whereas  by  an  Act  of  Congress  approvea  April  sixth,  eighteen  hun- 
dred and  ninety-four,  provision  has  been  made  by  the  United  States 
for  the  execution  of  the  regulations  so  determined  upon  and  for  the 
punishment  of  any  infractions  of  said  regulations :  Therefore, 

Be  it  enacted  by  the  Senate  and  Home  of  Representatives  of  the  United 
States  of  America  in  Congress  assembledj  That  the  procedure  and  penal- 
ties provided  by  said  Act,  in  case  of  the  violation  of  the  provisions  of 
said  regulations,  are  hereby  made  applicable  to  and  shall  be  enforced 
against  any  citizen  of  the  United  States,  or  person  owing  the  duty  of 
obedience  to  the  laws  or  the  treaties  of  the  United  States,  or  person 
belonging  to  or  on  board  of  a  vessel  of  the  United  States  who  shall  kill, 
capture,  or  pursue,  at  any  time  or  in  any  manner  whatever,  as  well  as 
to  and  against  any  vessel  of  the  United  States  used  or  employed  in 
killing,  capturing,  or  pursuing,  at  any  time  or  in  any  manner  whatever. 


ar.sisisaasttia'i':'-';"' 


►y  the  Tribunal 
United  States 
r  twenty-ninth, 
.submitting  to 
ion  of  the  fur 
ninety  four,  be 
occurs  in  said 
kt  said  section 
son  owing  the 
ed  States,  nor 
CTnited  States, 
mer  whatever, 
irrounding  the 
ilea  (sixty  to  a 
the  territorial 


en  hnndred  aod 
ingnBt  fifteenth, 
tion  constituted 
lolnded  at  Wash- 
o,  in  relation  to 

tt  the  United 
ruary  tweuty- 
i  preservation 
co-operate  in 
IS  as  the  arbi- 
purpose;  and 
eighteen  hun- 
rnited  States 
and  for  the 
fore, 

ofihe  United 
re  and  peiial- 
provisions  ul 
i  be  enforced 
r  the  duty  of 
Bs,  or  person 
ho  shall  kilJ, 
sr,  as  well  as 
employed  in 
er  whatever, 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


88 


any  fur  seal  or  other  marine  fur-bearing  animal,  in  violation  of  the  pro- 
visions of  any  treaty  or  convention  into  which  the  United  States  may 
have  entered  or  mr.^  liereafter  enter  with  any  other  power  for  the  pur- 
pose of  protecting  fur  seals  or  other  marine  fur-bearing  animals,  or  in 
violation  of  any  regulations  which  the  President  may  make  lor  the  due 
execution  of  such  treaty  or  convention. 
Approved,  June  5, 1894. 


BULE8  AND  BEOUIATI0N8  PBESORIBED  UNBEB  THE  P&OVISIONB  OF  THE  ACT  OP 
CONOBESS  AFPS07ED  APBIL  6,  1894,  FOB  THE  OOVEBNUENT  OF  UNITED  STATES 
VESSELS  EMPLOYED  IN  PUB-SEAL  PISHING  DUBING  THE  SEASON  OF  1806. 

Articlk  1. 

Every  vessel  employed  in  fur-seal  fiNliing  sliall  have,  in  addition  to  the  papers  now 
required  by  law,  a  special  liceuse  lor  fur-seal  fisbiug. 

Articlb  2. 

Before  the  issuance  of  the  special  license  required  by  the  fourth  article  of  the 
award  of  the  Tribunal  of  Arbitration,  the  master  of  any  sailing  vessel  proposing  to 
engage  in  the  fur-seal  fishery  shall  produce  satisfactory  evidence  to  the  officer  to 
whom  application  is  made  that  the  hunters  employed  by  him  are  competent  to  use 
with  sufficient  skill  the  weapons  by  means  of  which  this  fishing  may  be  carried  on. 

Article  3. 

Every  sealing  vessel  provided  with  special  license  shall  show,  under  her  national 
ensign,  a  flag  not  less  than  four  feet  square,  composed  of  two  pieces,  yellow  and 
black,  joined  from  the  right-band  upper  corner  of  the  fly  to  the  loft-hand  lower  cor- 
ner of  the  luil',  the  part  above  and  to  the  left  to  be  black  and  the  part  to  the  right 
and  below  to  be  yellow.  Botweeu  the  hours  of  sunset  and  sunrise  all  scaling  vessels 
shall  exhibit  two  vertical  lights,  natural  color,  where  they  can  best  be  seen,  not  less 
than  ten  feet  above  the  deck,  and  to  be  "visible  in  clear  weather  at  least  one  mile. 

Articlb  4. 

In  order  to  protect  from  nnnecessary  interference  sealing  vessels  found  within  the 
area  of  the  award  during  the  closed  season  (that  is  to  say,  between  April  30  and 
August  1),  but  which  have  not  violated  the  law,  any  sealing  vessel  intending  to  tra- 
verse the  area  of  the  award  during  said  closed  season,  on  her  way  to  her  home  or 
other  port,  or  to  or  from  the  sealing  grounds,  or  for  any  other  legitimate  purpose, 
may,  on  the  application  of  the  master,  have  her  sealing  outfit,  including  guns  and 
ammunition,  secured  under  seal,  and  an  entry  thereof  made  on  her  log  book.  Such 
sealing  up  and  entry  shall  be  a  protection  to  the  vessel  against  seizure  during  the 
closed  season  by  any  cruiser,  so  long  as  the  seals  so  affixed  shall  remain  unbroken, 
unless  there  shall  be  evidence  of  violation  of  the  articles  of  the  award  and  said  act 
of  Congress  of  April  6,  1894,  notwithstanding. 

Article  5. 

Such  sealing  up  and  entry  may  be  effected  in  port  or  at  sea  by  any  naval,  consular, 
or  customs  officer  of  the  United  States,  and  at  sea  also  by  the  comni  ader  of  a  British 
cruiser.  An  officer  will  be  etati9n94  »*  t^^«  isl*?(4  9?  A-t^«  for  this '  irpose  fl[om  July 
^0t  to  August  26th. 


H 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


The  offloer  effeotlng  the  •caling  np  shall  mnke  entry  iu  the  vesBol'a  log  book,  oer- 
tifying  the  faet  and  stating  in  detail  tbo  nuinbor  and  kind  of};uns  and  other  sealing 
iuiplements,  the  amount  and  kind  of  amniuniliou,  and  the  number  and  sex  of  the 
seals  and  seal  skins  on  board. 

Article  6. 

All  sealing  vessels  bonnd  to  Bering  Sea  for  the  fur-seal  fisheries  shall,  before 
engaging  iu  fur-seal  fishing  within  the  award  area  in  said  sea,  report  to  the  oflicer 
of  the  Revenue-Cutter  Service  stationed  at  Attou  Ittland,  or  to  the  deputy  collector 
of  customs  at  Unalaska. 

The  said  officers  shall  respectively  secure  under  seal  the  guns  and  ammunition  on 
board  all  vessels  thus  reporting,  wliioh  have  not  already  been  so  secured  under  the 
provisions  of  article  4  of  these  rules  and  regulations,  and  shall,  in  either  event,  make 
duo  entry  thereof  on  the  log  book  of  said  vessel,  stating  in  detail  the  number  and 
kind  of  guns  and  other  sealing  implements,  the  amount  and  kind  of  ammunition,  and 
the  number  and  sex  of  the  seals  and  seal  skins  on  board.  Such  sealing  up  shall 
afford  the  same  protection  as  is  provided  under  said  article  4.  In  lieu  of  said  seal- 
ing up,  the  master  of  any  vessel  so  reporting  may  deliver  all  guns  and  ammunition 
on  board  to  the  customs  or  revenue  officers,  respectively,  iu  charge  at  said  islands, 
said  guns  and  ammunition  to  be  held  at  the  sole  risk  of  said  master  uutil  called  for 
at  the  end  of  the  sealing  season. 

Article  7. 

Any  sailing  vessel  of  the  United  States  may  obtain  special  license  for  fur-seal  fish- 
ing upon  application  to  the  chief  officer  of  the  customs  in  any  port  of  the  United 
States  or  to  the  United  States  consular  officer  of  any  port  in  Jax)an,  and  coiuplyiug 
with  the  requirements  of  these  regulations. 

Article  8. 

The  mast«rs  of  all  vessels  which  have  been  engaged  in  the  fur-seal  fisheries,  whether 
within  or  without  the  award  area,  whether  licensed  or  unlicensed,  shall  make  entry 
of  their  catch  at  the  custom-house  at  the  return  port,  and  at  the  time  of  entry  shall 
file  with  the  collector,  duly  verified  by  oath,  the  official  log  book,  or  a  copy  thereof, 
required  to  be  kept  by  section  4,  act  of  April  (>,  1894,  and  iu  addition  thereto  must 
furnish  under  oath  the  information  required  by  the  form,  catalogue  204",  which  form 
shall  be  duly  filled  out  and  filed  on  entry.  Copies  of  this  form  and  of  the  log  book 
required  by  said  act  may  be  obtained  from  the  collector  of  customs. 

Article  9. 

The  foregoing  regulations  are  intended  to  apply  only  to  the  season  of  1896. 
Approved : 

Qkoveb  Clbvblamd. 


FOSX  OF  SPECIAL  UCEHS& 

THE  UNITED  STATES  OF  AMERICA,  SPECIAL  LICKNSB  FOR  SEALING  VKSSEL — LICENSE 
FOR  CARRYINO  ON  FDU-SBAL  FISHING. 

[Aot  of  Congress  approved  April  6, 1804.] 


SPXOIAL  LI0KN8E  HO. 


BKOISTU  HO. 


OFFICIAL  NUMBEB. 

Numerals. 

Letters. 

bmoI'b  log  book,  oer- 
ns  and  other  sealing 
luber  and  sex  of  the 


iheriea  shall,  before 
report  to  the  ofUoer 
the  deputy  collector 

and  aranmnition  on 
lo  secured  under  the 
1  either  event,  make 
ttil  the  number  and 
of  ammnuition,  and 
ch  sealing  up  shall 
In  lieu  of  said  seal- 
us  and  ammunition 
Tge  at  said  islands, 
ster  until  called  for 


ase  for  fur-seal  flsh- 
port  of  the  United 
)aa,  and  complying 


il  fisheries,  whether 
d,  shall  make  entry 
time  of  entry  shall 
I,  or  a  copy  thereof, 
lition  thereto  must 
;ue  204*  which  form 
ind  of  the  log  book 
ms. 


«on  of  1896. 
/K&  Clevbiamd. 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


f  VKSSEIr-LIOENSK 


UMBEB. 


Letters, 


35 


In  pnrBuance  of  an  act  of  Congress  approved  April  6,  1894, 

-,  master  of  the  sailing  vessel ,  having  furnished  satisfactory 


evidence  that  the  hunters  to  be  eini)loyed  on  board  said  vessel  in  taking 
fur  seal  iu  the  North  Pacific  Ocean  and  Bering  Sea  are  competent  to  use 
the  weapons  for  that  purpose  as  provided  in  article  7  of  the  award  of 
the  Tribunal  of  Arbitration  at  Paris,  license  is  hereby  granted  for  the 
said  sailing  vessel,  called  the ,  to  be  eini)loyed  in  carrying  on  fur- 
seal  fishing  from  August  1,  18 — ,  to  April  30,.  18 — ,  both  inclusive, 
during  the  period  of  time,  in  the  manner,  and  'in  the  waters  iu  which 
fur-seal  fishing  is  allowed  by  said  award  and  act. 

Attention  is  specially  called  to  the  rules  and  regulations,  hereto  attached,  and  to 
Circular  No.  76,  of  18S^,  whicli  prescribes  iulMrniution  to  be  given  .the  collector  of  cus- 
toms on  entry.  Copies  of  said  circular  and  also  of  the  log  book,  required  under 
section  4,  act  of  April  6,  18!)4,  may  be  procured,  on  application,  from  any  collector  of 
customs,  any  United  States  consular  ofiBcer  in  Japan,  or  any  oiticer  of  the  patrolling 
Heet  designated  by  tiio  President  to  patrol  the  award  area.  . 

Any  violation  of  the  articles  of  said  award,  of  said  rales  and  regulations,  or  of 
said  act  of  Congress  shall  be  punished  by  revocation  of  this  license  and  by  the 
further  penalties  prescribed  in  said  act. 


Given  under  my  hand  and  seal  at  the  port  of 


-,  in  the  District 


of 

dred  and 


this 


day  of  • 


-J  iu  the  year  one  thousand  eight  hun- 


Collector  of  Cmtoms. 


FUR-SEAL  FISHEBIE8. 

By  the  President  of  the  United  States  of  America. 

A  PEOCLAMATION. 

The  following  provisions  of  the  laws  of  the  United  States  are  pub- 
lished hereby  for  the  information  of  all  concerned : 
Section  1956,  Revised  Statutes,  chapter  3,  Title  XXIII,  enacts  that — 

No  person  shall  kill  any  otter,  mink,  marten,  sable,  or  fur  seal,  or  other  fur-bear- 
ing animal  within  the  limits  of  Alaska  Territory,  or  in  the  waters  thereof;  and  every 
person  guilty  thereof  shall,  fur  each  ofi'ense,  be  iined  not  less  than  two  hundred  nor 
more  than  one  thousand  dollars,  or  imprisoned  not  more  than  six  months,  or  both ; 
and  all  vessels,  their  tackle,  apparel,  fuiuitnre,  and  cargo,  found  engaged  in  viola- 
tion of  this  section  shall  be  forfeited;  but  the  Secretary  of  the  Treasury  shall  have 
power  to  authorize  the  killing  of  any  such  mink,  marten,  sable,  or  other  fnr-beariug 
animal,  except  fur  seals,  under  such  regulations  as  ho  may  prescribe ;  and  it  shall  be 
the  duty  of  the  Secretary  to  prevent  the  killing  of  any  fur  seal,  and  to  provide  for 
the  execution  of  the  provisions  of  this  section  until  it  is  otherwise  provided  bylaw; 
nor  shall  he  grant  any  special  privileges  under  this  section. 

Section  3  of  the  act  entitled  "An  act  to  provide  for  the  protection  of 

the  salmon  fisheries  of  Alaska,"  approved  March  2, 1889,  provides: 

Sec.  3.  That  section  nineteen  hundred  and  fifty-six  of  the  Revised  Statutes  of  the 
United  States  is  hereby  declared  to  include  uud  apply  to  all  the  dominion  of  the 
United  States  in  the  waters  of  Bering  Sea ;  and  it  shall  be  the  duty  of  the  Freai^voat, 


^II! 


II  nil 


II  li 


ii 


86 


FUR-8EAL    FISHERIES   IN   BERING    SEA. 


at  A  timely  season  in  each  yonr,  to  iiisiio  his  proclaniution  and  cause  the  same  to  be 
published  for  one  month  in  at  least  one  newspaper,  if  any  such  there  be  published,  at 
each  United  StatoM  i>ort  of  entry  on  the  Pacilio  Const,  warning  all  persons  against 
entering  said  waters  for  the  purpoHo  of  violating  the  provisions  of  said  section ;  and 
he  shall  also  caune  one  or  more  vessels  of  the  United  States  to  diligently  oraise  snid 
waters  nnd  arrest  all  personH,  and  seize  all  vessels  found  to  be,  or  to  have  been, 
engaged  in  any  violation  of  the  laws  of  the  United  States  therein. 

The  act  entitled  "An  act  to  extend  to  the  North  Pacific  Ocean  the 
provisions  of  the  statutes  for  the  protection  of  the  fur  seals  and  other 
fur-bearing  animals,"  approved  February  21, 1893.  provides: 

That  whenever  the  Government  of  the  United  States  shall  conclude  an  effective 
international  arrangenieiit  for  the  protection  of  fur  seals  in  the  North  Paciflo  Ocean, 
by  agreement  with  {iny  power,  or  as  a  result  of  the  decision  of  the  Tribunal  of  Arbi- 
tration under  the  convention  oonoludod  between  the  United  States  and  Great  Britain 
February  twenty-ninth,  eighteen  hundred  and  ninety-two,  and  so  long  as  such 
arrangement  shall  continue,  the  provisions  of  section  nineteen  hundred  and  fifty-six 
of  the  Revised  Statutes,  and  all  other  provisions  of  the  statutes  of  the  United  States, 
so  far  OS  the  same  may  be  applicable,  relative  to  the  protection  of  fur  seals  and  other 
fur-bearing  animals  within  the  limits  of  Alaska,  or  in  the  waters  thereof,  shall  be 
extended  to  and  over  all  that  portion  of  the  Pacific  Ocean  iuoluded  in  such  inter- 
national arrangement.  Whenever  un  efiective  international  arrangement  is  con- 
cluded as  aforesaid,  it  shall  be  the  duty  of  the  President  to  declare  that  fact  by 
pi-oolamation,  and  to  designate  the  portion  of  tho  I'acific  Ocean  to  which  it  is  appli- 
cable, and  that  this  act  has  become  ojierative ;  and  likewise,  when  such  arrangement 
cuases,  to  declare  that  fact,  and  that  this  act  has  become  inoperative,  and  his  proc- 
lamation in  respect  thereto  shall  be  conclusive.  During  the  extension  as  aforesaid 
of  said  laws  for  the  protection  of  fur  seals  or  other  fur-bearing  animals,  all  viola- 
tions thereof  in  said  designated  portion  of  the  Pacific  Ocean  shall  be  held  to  be  the 
same  as  if  committed  within  the  limits  of  Alaska  or  in  the  waters  thereof,  but  they 
may  be  prosecuted  ei'ber  in  the  district  court  of  Alaska  cr  in  any  disi^rict  court  of 
the  United  St^  tuH  iu  i'ri)ifornia,  Oregon,  or  Washington. 

An  arrangemrier  ii  having  been  made  for  the  protection  of  fur  seals,  as 
a  result  of  tiie  decision  of  the  Tribunal  of  Arbitration  under  the  con- 
vention concluded  as  aforesaid,  February  29, 1892,  which  prohibits  the 
killing  of  seals  at  any  time  within  a  radius  of  sixty  miles  around  the 
Pribilof  Islands,  or  during  May,  June,  and  July  of  each  year,  in  that 
portion  of  the  Pacific  Ocean,  inclusive  of  Bering  Sea,  situated  to  the 
north  of  the  35th  degree  of  north  latitude,  and  eastward  of  the  180th 
degree  of  longitude  from  Greenwich  until  it  strikes  the  water  bound- 
ary described  in  article  one  cf  the  treaty  of  18G7  between  the  United 
States  and  Russia,  and  following  that  Hue  up  to  Bering  Straits : 

Now,  therefore,  be  it  known  that  I,  Grover  Cleveland,  President 
of  the  United  States  of  America,  hereby  declare  that  the  said  act  of 
Congress  of  February  21, 1893,  has  become  operative;  that,  in  accord- 
ance therewith,  section  1956  of  the  Revised  Statutes  is  applicable  to 
the  waters  above  mentioned,  included  in  the  award  of  the  Tribunal  at 
Paris  given  under  the  said  convention  of  February  29, 1892,  and  that 
I  have  caused  the  foregoing  laws  specially  to  be  proclaimed  to  the  end 
that  their  provisions  may  be  known  and  observed. 

J.  Uweby  proclaim  that  every  persqu  guilty  of  a  violation  Qf  the  pro- 


PUS-SEAL   FISHERIES   IN   BERING   SEA. 


87 


ise  the  same  to  be 
■e  be  published,  at 
1  persons  against 
said  section ;  and 
gently  crnise  snid 
or  to  have  been, 

Bifio  Ocean  the 
leals  and  other 
des: 

dude  an  effective 
th  Paciflo  Ocean, 
fribanal  of  Arbi- 
»ud  Great  Britain 
BO  long  as  such 
Ired  and  fifty-six 
he  United  States, 
r  seals  and  other 
thereof,  shall  be 
)d  in  such  inter- 
ngement  is  con- 
are  that  fact  by 
vhioh  it  is  appli- 
uch  arrangement 
ve,  and  his  proc- 
sion  as  aforesaid 
limals,  all  viola- 
be  held  to  be  the 
hereof,  but  they 
disvrict  conrt  of 

}f  fur  seals,  as 
inder  the  con- 
L  prohibits  the 
es  around  the 
I  year,  in  that 
itnated  to  the 
[  of  the  180th 
water  bound- 
en  the  United 
straits : 
ad,  President 
le  said  act  of 
lat,  in  accord- 
applicable  to 
e  Tribunal  at 
892,  and  that 
led  to  the  end 

)u  Qf  the  prq- 


visions  of  said  laws  and  of  any  other  i)rovision8  of  the  statutes  o^  the 
United  States  so  far  as  the  same  may  be  applicable  relative  to  the  pro- 
tection of  fur-bearing  animals  within  the  limits  of  Alaska  or  in  the 
waters  thereof,  will  be  arrested  and  punished  as  therein  provided,  and 
all  vessels  so  engaged,  their  tackle,  apparel,  furniture,  and  cargo,  will 
be  seized  and  forfeited. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  caused  the 
seal  of  the  United  States  to  be  affixed. 

Done  at  the  city  of  Washington  this  fourteenth  day  of  April,  in  the 
year  of  our  Lord  one  thousand  eight  hundred  and  ninety-six,  and  of 
the  Independence  of  the  United  States  the  one  hundred  and  twentieth. 

[SE/T ,]  Gboveb  Cleveland. 

By  the  President: 
BiCHABD  Olnet, 

Secretary  of  State. 


ACTS  OF  PARLIAMEITT  AHD  ORDERS  IK  COnNCIL 

SBAIi  FISHING  (BBHRINQ'S  SEA)  ACT  1891. 

PUBUO  OENESAL  STATUTES,  VOL.  XXVIH,  1891,  LIV,  LV.  710. 

Chapter  19. — An  act  to  enable  Her  Majesty,  by  order  in  Council,  to  make  special 
provision  for  prohibiting  the  catching  of  seals  in  Behring's  Sea  by  Her  Majesty's 
subjects  during  the  period  named  in  the  order.     (11th  June,  1891.) 

Be  it  enacted  by  the  Queen's  most  excellent  Majesty,  by  and  with  the 
advice  and  consent  of  the  Lords  Spiritual  and  Temporal  and  Commons, 
in  this  present  Parliament  assembled,  and  by  the  authority  of  the  same, 
as  follows: 

1.  (1)  Her  Majesty  the  Queen  may,  by  order  in  council,  prohibit  the 
catching  of  seals  by  British  ships  in  Behring's  Sea,  or  such  part  thereof 
as  is  defined  by  the  said  order,  during  the  period  limited  by  the  order. 

(2)  While  an  order  in  council  under  this  act  is  in  force — 

(a)  A  person  belonging  to  a  British  ship  shall  not  kill,  or  take,  or 
hunt,  or  attempt  to  kill  or  take,  any  seal  within  Behring's  Sea  during 
the  period  limited  by  the  order;  and 

(6)  A  British  ship  shall  not,  nor  shall  any  of  the  equipment  or  crew 
thereof,  b^  used  or  employed  in  such  killing,  taking,  hunting,  or  attempt. 

(3)  If  there  is  any  contravention  of  this  act,  any  person  committing, 
procuring,  aiding,  or  abetting  such  contravention  shall  be  guilty  of  a 
misdemeanor  within  the  meaning  of  the  merchant  shipping  act,  1854, 
and  the  ship  and  her  equipment  and  everything  on  board  thereof  shall 
be  forfeited  to  Her  Majesty  as  if  an  ottence  had  been  committed  under 
section  one  hundred  and  three  of  the  said  act,  and  the  provisions  of 
sections  one  hundred  and  three  and  one  hundred  and  four,  and  part  ten 
of  the  said  act  (which  are  set  out  in  the  E^chedule  to  this  act)  shall  apply 


TT 


38 


PUR-SEAL   FISHERIES   IN   BERING   SEA. 


i  I'll  I 


aa  if  they  were  herein  re-enacted,  and  in  terms  made  applicable  to  an 
offence  and  forfeiture  under  this  act. 

(4)  Any  commissioned  officer  on  full  pay  in  the  naval  service  of  Her 
Majesty  shall  have  power,  during  the  period  limited  by  the  order,  to 
stop  and  examine  any  British  ship  in  Behring's  Sea,  and  to  detain  her 
or  any  portion  of  her  equipment,  or  any  of  her  crew,  if,  in  his  judg- 
ment, the  ship  is  being  or  is  preparing  to  be  used  or  employed  in 
contravention  of  this  section. 

(5)  If  a  British  ship  is  found  within  BoLring's  Sea  having  on  board 
thereof  fishing  or  shooting  implements  or  seal  skins  or  bodies  of  seals, 
it  shall  lie  on  the  owner  or  master  of  such  ship  to  prove  that  the  ship 
was  not  used  or  employed  in  contravention  of  tiiis  act. 

2.  (1)  Her  Majesty,  the  Queen,  in  Council,  may  make,  revoke,  and 
liter  orders  for  the  purposes  of  this  act,  and  every  such  order  sb'Jl  be 
forthwith  laid  before  both  Houses  of  Parliament  and  published  in  the 
London  Gi  zette. 

(2)  Any  such  order  may  contain  any  limitations,  conditions,  qualifi- 
cations, and  b^ceptions  which  appear  to  Her  Majesty  in  Council  expe- 
dient for  carrying  into  effect  the  object  of  this  act. 

3.  (1)  This  act  shall  apply  to  the  animal  known  as  the  fur  seal,  and 
to  any  marine  animal  specified  in  that  behalf  by  an  ord  ar  in  council 
under  this  act,  and  the  expression  "seal"  in  this  act  sliaF  be  construed 
accordingly. 

(2)  The  expression  "Behring's  Sea"  in  this  act  means  the  seas  known 
as  Behring's  Sea  within  the  limita  described  in  an  order  under  this  act. 

(3)  The  expi'ession  "equipment"  in  this  act  includes  any  boat,  tackle, 
fishing  or  shooting  instruments,  and  other  things  belonging  to  the  ship. 

(4)  This  act  may  be  cited  as  the  seal  fishery  (Behring's  Sea)  act,  1891. 
(Here  follow  schedules  same  as  those  in  Behring  Sea  award  act,  1894.) 


I 


i!l   I 


SEAL  IXSHING  (BEHRING'S  SEA)  ORDER  TN  CCtrNCII.  1891. 
AT  T7E  COUBT  AT  WINDSOR,  THZ  23BD  DAY  OF  JUNE,  1891. 

Present,  the  Queen's  Most  Excellent  Majesty,  Lord  President,  Mar- 
quess of  Salisbury,  Earl  of  Jjimerick,  Lord  Arthur  Hill. 

Whereas  by  the  seal  fishery  (Behring's  Sea)  act,  1891,  it  is  enacted 
that  Her  Majesty  the  Queen  may  by  order  in  council  prohibit  the 
catching  of  seals  by  British  ships  in  Behring's  Soa,  or  such  part  thereof 
as  is  defined  by  the  said  order,  during  the  i)eriod  limited  by  the  order; 

And  whereas  the  expression  "Behring's  Sea"  ':\  the  said  act  means 
the  seas  known  as  Behring's  Sea  within  the  limits  described  in  an  order 
under  the  said  act : 

Now,  therefore.  Her  Majes^^^y,  in  virtue  of  the  powers  vested  in  her  by 
the  said  recited  act,  by  and  with  the  advice  of  Her  Privy  Council,  is 
hereby  pleased  to  ordor,  and  it  is  hereby  oidered,  as  follows: 

1.  This  order  may  be  cited  as  th*i  seal  fishery  (Behring's  Sea)  order 
iu  cooncil,  1801. 


ipplicable  to  an 

I  service  of  Her 
)y  the  order,  to 
d  to  detain  her 
if,  in  his  judg- 
or  employed  in 

aving  on  board 
bodies  of  seals, 
e  that  the  ship 

e,  revoke,  and 
I  order  ah-^M  be 
iblished  in  the 

ditions,  qualifi- 
Conncil  ezpe- 

B  fur  seal,  and 
[•d<}r  in  council 
r  be  construed 

the  seas  known 
under  this  act. 
ly  boat,  tackle, 
ng  to  the  ship. 
Sea)  act,  1891. 
rard  act,  1894.) 

NCII.  1891. 
mai. 
resident,  Mar- 


,  it  is  enacted 
I  prohibit  tlic 
h  part  thereof 
by  the  order  j 
lid  act  means 
ed  in  an  order 

3ted  in  her  by 
vy  (/ouucil,  is 

f's  Sea)  order 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


89 


2.  From  and  after  the  24th  day  of  Jun«»,  1891,  until  the  Ist  day  of 
May,  1892,  the  cat^^ang  of  seals  by  British  ships  in  Behring's  Sea,  as 
hereinafter  defined,  is  hereby  prohibited. 

3.  For  the  purposes  of  the  said  recited  act  and  of  this  order  the 
expression  "Behring's  Sea"  means  so  much  of  that  part  of  the  Pacific 
Ocean  known  as  Behring's  Sea  as  lies  betw'in  the  parallel  of  65°  30' 
north  latitude  and  the  chain  of  the  Aleutian  Islands,  and  eastward  of 
the  following  line  of  demarcation,  that  is  to  say,  a  line  commencing  at 
a  point  in  Behring's  Straits  on  the  said  parallel  of  65°  30'  north  latitude, 
at  its  intersection  by  the  meridian  which  passes  midway  between  the 
islands  of  Krusenstern  or  Ignalook  and  the  island  of  Eatmanofif  or 
Noonarbook,  and  proceeding  thence  in  a  course  nearly  southwest 
through  Behring's  Straits  and  the  seas  known  as  Behring's  Sea,  so  as 
to  pass  midway  between  the  northwest  point  of  the  island  of  St.  Law- 
rence and  the  southeast  point  of  Cape  Ohoukotski  to  the  meridian  of 
172°  west  longitude;  thence  from  the  intersection  of  that  meridian  in  a 
southwesterly  direction,  so  as  to  pass  midway  between  the  island  of 
Attou  and  the  Copper  Island  of  the  Kormandorski  couplet  or  roup  in 
the  North  Pacific  Ocean,  to  the  meridian  of  193°  west  longitude.    . 

O.  L.  Peel. 


SEAL  FISHING  (BEHRINO'S  SEA)  ORDER  IN  COUNCIL  1892. 
AT  THE  COUBT  AT  WINCSOB,  THE  9TH  DAT  OF  MAY,  1892. 

Present,  the  Quean's  Most  Excellent  Majesty,  Lord  President,  Lord 
Steward,  7J)arl  of  Yarborough,  Sir  Walter  Barttelot,  Bart.,  Mr.  Forwood. 

Whereas  by  the  seal  fishery  (tvehring'a  Sea)  act,  1891,  it  is  enacted 
that  Her  Majesty  the  Queen  may  by  order  in  council  prohibit  the  catch- 
ing of  Reals  by  British  ships  in  Behring's  Sea,  or  such  part  thereof  as  is 
defined  by  the  said  order,  during  the  period  limited  by  the  order; 

And  whereas  the  expression  "Behring's  Sea"  in  the  said  act  means 
the  seas  known  as  Behring's  Sea  within  the  limits  described  in  an  order 
under  the  said  act; 

And  whereaw  an  order  in  council  was  issued  on  the  23rd  day  of  June, 
1891,  prohibiting  the  catching  of  seals  by  British  ships  in  Behring's 
Sea,  as  therein  dertned,  until  the  1st  day  of  May,  1892: 

Now,  therefore,  Her  M  ijesty,  in  virtue  of  the  powers  vested  in  her 
by  the  said  recited  act,  by  and  with  the  advice  of  Her  Privy  Council, 
is  hereby  pleased  to  order,  aiul  it  is  hereby  oiuered,  ao  follows: 

1.  This  order  may  be  cited  as  the  seal  fishery  (Behring's  Sea)  order 
in  council,  1892. 

2.  From  and  after  the  date  of  the  present  order  until  the  1st  day  of 
May,  1893,  the  catching  of  seals  by  British  ships  in  Behring's  Sp^  '*s 
hereinafter  defined  is  hereby  prohibited. 

3.  For  the  purposes  of  the  said  recited  act  and  of  this  order  the  expres- 
sion "Behring's  Sea''  means  so  much  of  that  part  of  the  Pacific  Ocean 
known  as  Behring's  Sea  as  lies  between  the  parallel  of  65°  30'  north 


40 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


t  ''  ■  n 


latitude  and  the  chain  of  the  Aleutian  Islands,  and  eastward  of  t\ 
following  line  of  demarcation,  that  is  to  say,  a  line  commencing  at 
point  in  Behring'B  Straits  on  the  said  parallel  of  65°  30'  north  latituc 
at  its  intersection  by  the  meridian  which  passes  midway  between  tl| 
islands  of  Krusenstern  or  Ignalook  and  the  island  of  Eatmanoff 
Noonarbook;   and  proceeding  thence  in  a  course  nearly  south we| 
through  Behring's  Straits  and  the  seas  known  as  Behring's  Sea,  so 
to  pass  midway  between  the  northwest  point  of  the  island  of  St.  La^ 
rence  and  the  southeast  point  of  Cape  Ohoukotrfii  to  the  meridian 
172°  west  longitude ;  thence  from  the  intersection  of  that  meridian  in  | 
southwesterly  direction,  so  as  to  pass  midwav  b^  :wc«u  the  island 
Attou  and  the  Copper  Island  of  the  Kormand'" M  .    <  i.'et  or  group  i| 
the  North  Pacific  Ocean  to  the  meridian  of  19y    <\rbn\:  longitude. 

Heebeet  M,  Supt. 


'I  i'fl 


!     I 


I         '! 


SEAL  FISHING  (BEHRING'S  SEA)  ORDER  TN  COUNCIL  1893. 
AT  THE  COUST  AT  WIKDSOB,  THE  16TH  DAT  OF  MAT,  1893. 

Present,  the  Queen's  Most  Excellent  Majesty,  Lord  President,  Mar 
quess  of  Bipon,  Mr.  Secretary  Asquith. 

Whereas  by  '-the  seal  fishery  (Behring's  Sea)  act  1891,"  it  is  enacted 
that  Her  Majesty  the  Queen  may  by  order  in  council  prohibit  thf  oitch 
ing  of  seals  by  British  ships  in  Behring's  Sea  or  such  part  the.\<rr  -^f  is 
defined  by  the  said  order  during  the  period  limited  by  the  or  er: 

And  whereas  the  expression  "Behring's  Sea"  in  the  89'  «-..  m  a^js 
the  seas  known  as  Behring's  Sea  within  the  limits  described  la  ,'  ider 
und or  the  said  act: 

And  whereas  an  order  in  council  was  issued  on  the  twenty- third  day 
of  June,  on«i  thousand  eight  hundred  and  ninety-one,  prohibiting  the 
catching  of  seals  J»y  British  ships  in  Behring's  Sea,  as  therein  defined, 
until  the  first  day  of  May,  one  thousand  eight  hundred  and  ninety-two : 

And  whereas  a  further  order  in  council  was  issued  on  the  ninth  day  of 
May,  one  thousand  eight  hundred  and  ninety-two,  prohibitin.<j  the  catch- 
ing of  seals  by  British  shipn  in  Behring's  Sea,  as  therein  «*  'n»'d,  until 
the  first  day  of  May,  one  thousand  eight  hundred  and  ni  .f   :  ^bree. 

Now,  therefore.  Her  Majesty,  in  virtue  of  the  powers  vtii  ^  d  w.  'mt 
by  the  said  recited  act  by  and  with  the  advice  of  Her  Privy  Council,  is 
hereby  pleased  to  order,  and  it  is  hereby  o  vlerod,  as  follows: 

1.  This  order  may  be  cited  as  t\"5  hcal  fiauj^iy  (Behring's  Sea)  order 
in  council,  1893. 

2.  From  and  after  the  date  of  the  present  order  until  the  first  day 
of  May,  one  thousand  eight  hundred  and  ninety-four,  unless  Her 
Majesty  in  council  shall  otherwise  direct,  the  catching  of  seals  by 
British  ships  in  Behring's  Sea  as  hereinafter  defined  is  hereby 
prohibited. 


ING   SEA. 

ds,  and  eastward  of  the 
a  line  commencing  at  a 
)f65o  30' north  latitude, 
168  midway  between  the 
island  of  Eatmanoff  or 
ourse  nearly  southwest 
as  Behring's  Sea,  so  as 
f  the  island  of  St.  Law- 
•tf  fii  to  the  meridian  of 
ion  of  that  meridian  in  a 
rhitv^cm  the  island  of 
sit «    '.''9t  or  group  in 
*   .?e>i(,  longitude. 
Heebeet  M.  Supt. 


JN  COUNCIL  1893. 
r  OF  MAT,  1898. 

»  Lord  President,  Mar- 
act  1891,"  it  if»  enacted 
ncil  prohibit  thp  ottch- 
such  partthev  .,r  :5,f  ig 

;ed  by  the  or  ,}?': 
in  the  S8'    &   ,  isir^j^^jg 
8  described  iQ.^    ider 

I  the  twenty-third  day 
y-one,  prohibiting  the 
lea,  as  therein  defined, 
idred  and  ninety-two: 
ed  on  the  ninth  day  of 
prohibiting  the  catch- 
therein  'c  'n**d,  until 
I  and  nii.f  ;  M--ee. 
rowers  vo     j  m  a^r 

Her  Privy  Oou ncil,  is 
as  follows : 
(Behring's  Sea)  order 

er  until  the  first  day 

Jty-four,  unless  Her 

matching  of  seals  by 

defined   is   hereby 


PUR-SEAL   FISHERIES   IN  BERING   SEA. 


41 


3.  For  the  purposes  of  the  said  recited  act  and  of  this  order  the 
expression  "Behring's  Sea"  means  so  much  of  that  part  of  the  Pacific 
Ocean  known  as  Behring's  Sea  as  lies  between  the  parallel  of  65°  30' 
north  latitude  and  the  chain  of  the  Aleutian  Islands,  and  eastward  of 
the  following  line  of  demarcation — that  is  to  say,  a  line  commencing  at 
a  point  in  Behring's  Straits  on  the  said  parallel  of  65°  30'  north  lati- 
tude, at  its  intersection  by  the  meridian  which  passes  midway  between 
the  islands  of  Krusenstern  or  Ignalook  and  the  island  of  Eatmanoff  or 
Noonarbook,  and  proceeding  thence  in  a  course  nearly  southwest 
through  Behring's  Straits  and  the  seas  known  as  Behring's  Sea  so  as  to 
pass  midway  between  the  northwest  point  of  the  island  of  Saint  Law- 
rence and  the  southeast  point  of  Cape  Ohoukotski  to  the  meridian  of 
172°  west  longitude;  thence  from  the  intersection  of  that  meridian  in  a 
southwesterly  direction  so  as  to  pass  midway  between  the  island  ol 
Attou  and  the  Coppor  Island  of  the  Kormandorski  couplet  or  group  in 
the  North  Pacific  Ocean  to  the  meridian  of  193°  west  longitude. 

0.  L.  Peel. 


(66  VICT.)     SEAL  FISHEBY  (NOBTH  PACIFIC)  ACT,  1893.     (CHAP.  23.) 

Chaptkr  23. — An  act  to  provide  for  prohibiting  the  catching  of  seals  at  certain 
periods  in  Behring's  Sea  and  other  parts  of  the  Pacific  Ocean  adjacent  to  Behring's 
Sea.     (June  29, 1893.) 

Whereas  it  is  expedient  to  extend  the  seal  fishery  (Behring's  Sea) 
act,  1891,  to  other  waters  of  the  North  Pacific  Ocean  adjacent  to 
Behring's  Sea,  and  for  that  purpose  to  repeal  and  reenaot  that  act: 

Be  it  therefore  enacted  by  the  Queen's  most  Excellent  Majesty,  by 
and  with  the  advice  and  consent  of  the  Lords  Spiritual  and  Temporal, 
and  Commons,  '.r_  this  present  Parliament  assembled,  and  by  the  au- 
thority of  the  f  ame,  as  follows: 

1.  (1)  Her  Majesty,  the  Queen,  may,  by  order  in  council,  prohibit 
during  the  period  specified  by  the  order,  the  catching  of  seals  by  Brit- 
ish ships  in  such  parts  of  the  seas  to  which  this  act  applies  as  are 
specified  by  the  order. 

(2)  While  an  order  in  council  under  this  act  is  in  force — 

(a)  A  person  belonging  to  a  British  ship  shall  not  kill,  take,  or  IdXiv.t, 
or  attempt  to  kill  or  take,  any  seal  during  the  period  and  within  the 
seas  specified  by  the  order;  and 

(h)  A  British  ship  shall  not,  nor  shall  any  of  the  equipment  or  crew 
thereof,  be  used  or  employed  in  such  killing,  taking,  hunting,  or  attempt. 

(3)  If  there  is  any  contravention  of  this  act,  any  person  committing, 
procuring,  aiding,  or  abetting  such  contravention  shalf  be  guilty  of  a 
misdemeanor  v.ithin  the  meaning  of  the  merchant  shipping  act,  1854, 
and  the  ship  and  her  equipment,  and  everything  on  board  thereof,  shall 
be  forfeited  to  Her  Majoaty  as  if  an  oflFence  had  been  committed  under 
section  one  hundred  and  three  of  the  said  act,  anu  the  provisions  of 


4t 


FUR-SEAL   FISHERIES  IN   BERING   SEA. 


i  ! 
if  ill 


ii  -I'll 

iii 


liliil'H 


sections  one  hundred  and  three  and  one  hundred  and  four,  and  part  ten 
of  the  said  act,  and  of  section  thirty-four  of  the  merchant  shipping  act, 
1876  (which  are  set  out  in  the  schedule  to  this  act),  shall  apply  as  if 
they  were  herein  reenacted  and  in  terms  made  applicable  to  an  offence 
and  forfeiture  under  this  act,  and  any  commissioned  officer  on  full  pay 
in  the  naval  service  of  Her  Mtyesty  the  Queen  may  seize  the  ship's  cer- 
tificate of  registry. 

(4)  Any  commissioned  officer  on  full  pay  in  the  naval  service  of  Her 
'Hty  the  Queen  shall  have  power,  during  the  period  and  in  the  seas 

t<  led  by  the  order,  to  stop  and  examine  any  British  ship,  and  to 
detciin  her,  or  any  portion  of  her  equipment,  or  any  of  her  crew,  if  in 
his  judgment  the  ship  is  being  or  is  preparing  to  be  used  or  employed 
in  contravention  of  this  section. 

(5)  For  carrying  into  effect  an  arrangement  with  any  foreign  State, 
an  order  in  council  under  this  act  may  provide  that  such  officers  of 
that  State  as  are  specified  in  the  order  may  exercise  the  like  powers 
under  this  act  as  may  be  e^^^eroised  by  such  a  commissioned  officer 
as  aforesaid  in  relation  to  a  British  ship,  and  the  equipmen^l  and  rrew 
and  certificate  thereof,  and  that  such  British  officers  i«8  are  specified 
in  the  order  may  exercise,  with  the  necessary  modifications,  the  powers 
conferred  by  this  act  in  relation  to  a  ship  of  the  said  foreign  State,  and 
the  equipment  and  crew  and  papers  thereof. 

(6)  If  during  the  period  and  within  the  seas  specified  by  the  order  a 
British  ship  is  found  having  on  board  thereof  fishing  or  shooting  imple- 
ments or  seal  skins  or  bodies  of  seals,  it  shall  lie  on  the  owner  or  master 
of  such  ship  to  prove  that  the  ship  was  not  used  or  employed  in  con- 
travention of  this  act. 

2.  (1)  Where  an  officer  has  power  under  this  act  to  seize  a  ship's 
certificate  of  registry,  he  may  either  retain  the  certificate  and  give  a 
provisional  certificate  in  lieu  thereof,  or  return  the  certificate  with  an 
indorsement  of  the  grounds  on  M'hich  it  was  seized,  and  in  either  case 
may  direct  the  ship,  by  an  addition  to  the  provisional  certificate  or  to 
the  indorsement,  to  proceed  forthwith  to  a  specified  port,  being  a  port 
where  there  is  a  British  court  having  authority  to  adjudicate  in  the 
matter,  and  if  this  direction  is  not  complied  with  the  owner  and  mas- 
ter of  the  ship  shall,  without  prejudice  to  any  other  liability,  each  be 
liable  to  a  fiue  not  exceeding  one  hundred  pounds. 

(2)  Where  in  pursuance  of  this  section  a  provisional  certificate  is 
given  to  a  ship  or  the  ship's  certificate  is  indorsed,  any  British  officer 
of  customs  or  British  consular  officer  may  detain  the  ship  until  satis- 
factory security  is  given  for  her  appearance  in  any  legal  proceedings 
which  may  be  taken  against  her  in  pursuance  of  this  act. 

3.  (1)  A  statement  in  writing,  purporting  to  be  signed  by  an  officer 
having  power  in  pursuance  of  this  act  to  stop  and  examine  a  ship,  as 
to  the  circumstances  under  which  or  grounds  on  which  he  stopped  and 
examined  the  ship,  shall  be  admissible  in  any  proceedings,  civil  or 
erimiual,  as  evidence  of  the  £icts  or  matters  therein  stated. 


FUR-SEAL   FISHERIES   IN  BERING   SEA. 


43 


,  and  part  ten 
shipping  act, 
1,11  apply  as  if 
to  an  offence 
er  on  full  pay 
he  ship's  cer- 

ervice  of  Her 
id  in  the  seas 

ship,  and  to 
er  crew,  if  in 

or  employed 

foreign  State, 
ich  officers  of 
e  like  powers 
sioned  officer 
lenJ;  and  orew 
are  specified 
18,  the  powers 
gn  State,  and 

ly  the  order  a 
looting  imple- 
ner  or  master 
)loyed  in  con- 
seize  a  ship's 
be  and  give  a 
Acate  with  an 
in  either  case 
rtificate  or  to 
,  being  a  port 
idicatc  in  the 
ner  and  mas- 
ility,  each  be 

certificate  is 

British  officer 

p  until  satis- 

proceedings 

by  an  officer 
le  a  ship,  as 
stopped  and 
ings,  civil  or 
1. 


(2)  If  evidence  contained  in  any  such  statement  was  taken  on  oath 
in  the  presence  of  the  person  charged  in  the  evidence,  and  that  person 
had  an  opportunity  of  cross-examining  the  person  giving  the  evidence 
and  of  making  his  reply  to  the  evidence,  the  officer  making  the  state- 
ment may  certify  that  the  evidence  was  so  taken  and  that  there  was 
such  opportunity,  as  aforesaid. 

4.  (1)  Her  Majesty  the  Queen,  in  council,  may  make,  revoke,  and 
alter  orders  fir  the  purpose  of  this  act,  and  every  such  order  shall  be 
forthwith  laid  before  both  Houses  of  Parliament  and  published  in  the 
London  Gazette. 

(2)  Any  such  order  may  contain  any  limitations,  conditions,  qualifi- 
cations, and  exceptions  which  appear  to  Her  Majesty  in  council  expedi- 
ent for  carrying  into  effect  the  object  of  this  act. 

6.  (1)  This  act  shall  apply  to  the  animal  known  as  the  fur  seal,  and 
to  any  marine  animal  specified  in  that  behalf  by  an  order  in  council 
under  this  act,  and  the  expression  <<seal"  in  this  act  shall  be  coustrned 
accordingly. 

(2)  This  act  shall  apply  to  the  seas  within  that  part  of  the  Pacific 
Ocean  known  Behring's  Sea,  and  within  such  other  parts  of  the  Pa- 
cific Ocean  as  are  north  of  the  forty-second  parallel  of  (north)  latitude. 

(3)  The  expression  "equipment"  in  this  act  includes  any  boat,  tackle, 
fishing  or  shooting  instruments,  and  other  things  belonging  to  a  ship. 

(4)  This  act  may  be  cited  as  the  seal  fishery  (^bTorth  Pacific)  act,  1893. 

(5)  The  seal  fishery  (Behring's  Sea)  act,  1891,  is  hereby  repealed,  but 
any  order  in  council  in  force  under  that  act  shall  continue  as  if  it  had 
been  made  in  pursuance  of  this  act. 

(6)  This  act  shall  be  and  remain  in  force  until  the  first  day  of  July, 
1896. 

Under  section  1  of  the  foregoing  act  an  imperial  order  in  council 
waa  passed. 


SEAL  FISHINa  (NORTH  PACIFIC)  ORDER  IN  COUNCIL  1893. 
AT  THE  COUBT  AT  WINDSOR,  THE  4TH  DAY  OF  JUL",  1898. 

Present,  the  Queen's  Most  Excellent  Majesty,  Lord  President,  Lord 
Steward,  Lord  Kensington,  Lord  Vivian. 

Whereas  by  "the  seal  fishery  (North  Pacific)  act,  1893,"  it  is  enacted 
that  Her  Majesty  the  Queen  may  by  order  in  council  prohibit,  during 
the  period  specified  by  the  order,  the  catching  of  seals  by  British  ships  in 
such  parts  of  the  seas  to  wuich  that  act  applies  as  are  spM.  :fied  by  the 
order ;  and  that  for  carrying  into  effect  an  arrangement  with  any  foreign 
State  an  order  in  council  may  provide  that  such  officers  of  that  State 
as  are  specified  in  the  order  may  exercise  the  like  powers  under  the  act 
as  may  be  exercised  by  a  commissioned  officer  on  full  pay  in  the  naval 
service  of  Her  Maj«'!8ty  in  relation  to  a  British  ship,  and  the  equipment 
and  crew  and  certificate  thereof;  and  that  any  such  order  may  contain 


44 


FUR-SEAL   FISHERIES   IN   BERING   8EA. 


any  limitations,  conditions,  qnalifications,  and  exceptions  which  appear 
to  Her  Majesty  in  council  expedient  for  carrying  into  effect  the  object 
of  the  said  nat; 

And  whereas  the  said  act  applies  to  the  seas  within  that  part  of  the 
Pacific  Ocean  known  as  Behring's  Sea,  and  within  such  other  parts  of 
the  North  Pacific  Ocean  as  are  north  of  the  Forty-second  parallel 
of  north  latitude; 

And  whereas  an  arrangement  has  been  made  between  Her  Majesty 
the  Queen  and  His  Imperial  Majesty  the  Emperor  of  Bnssia,  whereby 
British  ships  engaged  in  hunting  seals  within  such  parts  of  the  said 
seas  as  are  hereinafter  specified  may  be  be  seized  by  Bussian  cruizers : 

Now,  therefore.  Her  Majesty,  in  virtue  of  the  powers  vested  in  her 
by  the  said  recited  act,  and  of  all  other  powers  enabling  her  in  that 
behalf,  is  hereby  pleased,  by  and  with  the  advice  of  Her  Privy  Council, 
to  order,  and  it  is  hereby  ordered,  as  follows: 

1.  From  and  after  the  fourth  day  of  July,  one  thousand  eight  hun- 
dred and  ninety-three,  until  the  first  day  of  January,  one  thousand 
eight  hundred  and  ninety-four,  the  catching  of  seals  by  British  ships  is 
hereby  prohibited  within  such  parts  of  the  seas  to  which  the  recited  act 
applies  as  are  comprised  within  the  following  zones,  that  is  to  say:  (1) 
a  zone  of  10  marine  miles  on  all  the  Eussian  coasts  of  Behring  Sea  and 
the  North  Pacific  Ocean,  and  (2)  a  zone  of  30  marine  miles  round  the 
Komandorsky  Islands  and  Tul^new  (Robben  Island). 

2.  The  powers  which,  under  the  recited  act,  may  be  exercised  by  any 
commissioned  officer  on  full  pay  in  the  naval  service  of  Her  Majesty 
may  be  exercised  by  the  captain  or  other  officer  in  command  of  any 
war  vessel  of  His  Imperial  Majesty  the  Em'peror  of  fiussia  in  relation 
to  a  British  ship,  and  the  equipment  and  crew  and  certificate  thereof. 

3.  This  order  may  be  cited  as  "the  seal  fishery  (North  Pacific)  order 
in  councU,  1893." 

0.  L.  Pbel. 


pay| 

anc 

ord^ 

exc^ 

ryir 

Pacl 

the[ 
latii 

the  I 
Bri^ 
seas 


SEAL  FISHINQ  (NORTH  PACIFIC)  ORDER  IN  COUNCIL  1894. 

AT  THE  COUBT  AT  08B0BNE  HOUSE,  ISLE  OF  WIGHT,  THE  88TH  DAT  OF  JAKXTABT, 

1894. 

Present,  the  Queen's  Most  Excellent  Majesty,  Lord  Steward,  Sir 
William  Vernon  Harcourt,  Sir  Henry  Ponsonby,  Sir  John  Cowell, 
Sir  Philip  Ourrie. 

Whereas  by  "  the  seal-fishery  (North  Pacific)  act,  1893,"  it  h  enacted 
that  Her  Majesty  the  Queen  may,  by  order  in  council,  prohibit,  during 
the  period  specified  by  the  order,  the  catching  of  seals  by  British  ships' 
in  such  parts  of  the  seas  to  which  that  act  applies  as  are  specified  by 
the  orderj  and  that  for  carrying  into  effect  an  arrangement  with 
any  foreign  State,  an  order  in  council  may  provide  that  such  officers  of 
that  State  as  are  specified  in  the  order  may  exorcise  the  like  powers 
under  the  act  as  may  be  exercised  by  a  comniissioned  officer  on  full 


18  which  appear 
iff'ect  the  object 

hat  part  of  the 
1  other  parts  of 
second  parallel 

m  Her  Majesty 
'Ossia,  whereby 
irts  of  the  said 
ssian  cmizers : 
I  vested  in  her 
og  her  in  that 
Privy  Council, 

md  eight  hun- 
one  thousand 
British  ships  is 
the  recited  act 
;  is  to  say:  (1) 
hring  Sea  and 
iles  round  the 

^rcised  by  any 
Her  Majesty 
iraand  of  any 
3ia  in  relation 
cate  thereof. 
Pacific)  order 

3.  L.  Peel. 


rciL  1894. 
r  OF  JAirUABT, 

3teward,  Sir 
^ohn  Cowell, 

it  78  enacted 
hibit,  during 
British  ships' 

specified  by 
femont  with 
bIi  officers  of 

liiie  powers 
icer  on  full 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


45 


pay  in  the  naval  service  of  Her  Majesty  in  relation  to  a  British  ship 
and  the  equipment  and  crew  and  certificate  thereof;  and  that  any  such 
order  may  contain  any  limitations,  conditions,  qualificatione;  and 
exceptions  which  appear  to  Her  Majesty  in  Council  expedient  for  car- 
rying into  efi'ect  the  object  of  the  said  act; 

And  whereas  the  said  act  applies  to  the  seas  within  that  part  of  tho 
Pacific  Ocean  known  as  BehriDg  Sea  and  within  such  other  parts  of 
the  North  Pacific  Ocean  as  are  north  of  the  42nd  parallel  of  north 
latitude; 

And  whereas  an  arrangement  has  been  made  between  Her  Majesty 
the  Queen  and  His  Imperial  Majesty  the  Emperor  of  Eussia,  whereby 
British  sliipr*  engaged  in  hunting  seals  within  such  parts  of  the  said 
seas  as  are  hereinafter  specified  may  be  seized  by  Bussiau  cruisers ; 

And  whereas  an  order  in  council,  intituled  "the  seal  fishery  (North 
Pacific)  order  in  council,  1893,"  was  issued  on  the  4th  day  of  July,  1893, 
prohibiting  the  catching  of  seals  by  British  ships  within  the  zones  as 
therein  defined  until  the  Ist  day  of  January,  1894: 

Now,  therefore,  Her  Majesty,  in  virtue  of  the  powers  vested  in  her 
by  the  said  recited  act,  and  of  all  other  powers  enabling  her  in  that 
behalf,  is  hereby  pleased,  by  and  with  the  advice  of  Her  Privy  Council, 
to  order,  and  it  is  hereby  ordered,  as  follows ; 

1.  From  and  after  the  date  of  the  prei^eut  order  until  Her  Majesty  in 
council  shall  otherwise  direct  the  catching  of  seals  by  British  ships  is 
hereby  prohibited  within  such  parts  of  the  seas  to  which  the  recited 
act  applies  as  are  comprised  within  the  following  zones,  that  is  to  say: 

(1)  A  zone  of  10  marine  miles  on  all  the  Bussian  coasts  of  Behring 
Sea  and  the  North  Pacific  Ocean;  and 

(2)  A  zone  of  30  marine  miles  round  the  Kormandorsky  Islands  and 
Tul^new  (Eobben  Island). 

2.  The  powers  which  under  the  recited  act  may  be  exercised  by  any 
commissioned  officer  on  full  pay  in  the  naval  service  of  Her  Majesty 
may  be  exercised  by  the  captain  or  other  officer  in  command  of  any  w^r 
vessel  of  His  Imperial  Majesty  the  Emperor  of  Bussia  in  relation  to  a 
British  ship  and  tho  equipment  and  crew  and  certificate  thereof. 

3.  This  order  may  be  cited  as  "  the  seal  fishery  (North  Pacific)  order 
in  council,  1894.'' 

0.  L.  Peel. 


BEHBIFO  SEA  AWABD  ACT,  1894. 

Chapter  2. — An  Act  to  provide  for  carrying  into  effect  the  award  of  theTribnnal 
of  Arbitration  constituted  under  a  treaty  between  Her  Majesty  the  Queen  and  the 
United  States  of  America.    (23rd  April,  1894.) 

Whereas  by  a  treaty  between  Her  Majesty  the  Queen  and  the  Gov- 
ernment of  the  United  States  of  America  various  questions  which  had 
arisen  respecting  the  taking  and  preservation  of  the  fur  seal  in  the 
North  Paciflo  were  referred  to  arbitrators  as  meotioped  in  the  treaty; 


4» 


FUB-SEAL  FISHERIES  IN  BERING  SEA. 


And  whereas  the  award  of  such  arbitrators  (in  this  act  referred  to 
as  the  Behring  Sea  Arbitration  Award)  dated  the  fifteenth  day  of 
Aagnst,  one  thousand  eight  hundred  and  ninety-three,  contained  the 
provisions  set  out  in  the  first  schedule  to  this  act;  and  it  is  expedient 
to  provide  for  carrying  the  same  into  effect: 

Be  it  therefore  enacted,  by  the  Queen's  Most  Excellent  Mi^esty,  by 
and  with  the  advice  and  consent  of  the  Lords  Spiritual  and  Temporal, 
and  Commons,  in  this  present  Parliament  assembled,  and  by  the 
authority  of  the  same,  as  follows: 

1.  (1)  The  provisions  of  the  Behring  Sea  Arbitration  Award  set  out 
in  the  first  schedule  to  this  act  shall  have  effect  as  u  those  provisions 
(in  this  act  referred  to  as  the  scheduled  provisions)  were  enacted  by 
this  act,  and  the  acts  directed  by  articles  one  and  two  thereof  to  be  for- 
bidden were  expressly  forbidden  by  this  act. 

(2)  If  there  is  any  contravention  of  this  act,  any  person  committing, 
procuring,  aiding,  or  abetting  such  contravention  shall  be  guilty  of  a 
misdemeanor  within  the  meaning  of  the  merchant  shipping  act,  1854, 
and  the  ship  employed  in  such  contravention,  and  her  equipment,  and 
everything  on  board  thereof,  shall  be  liable  to  be  forfeited  to  Her  Majesty 
as  if  an  offence  had  been  committed  under  section  one  hundred  and 
three  of  the  said  act;  provided,  that  the  court,  without  prejudice  to  any 
other  power,  may  release  the  ship,  equipment,  or  thing,  on  payment  of 
a  fine  not  exceeding  five  hundred  pounds. 

(3)  The  provisions  of  the  merchant  shipping  act,  1854,  with  respect 
to  official  logs  (including  the  penal  provisions)  shall  apply  to  every 
vessel  engaged  in  fur  s^al  fishing. 

(4)  Every  person  who  forges  or  fraudulently  alters  any  licence  or 
other  document  issued  for  the  purpose  of  article  four  or  of  article  seven 
in  the  first  schedule  to  this  act,  cr  who  procures  any  such  licence  or 
document  to  be  forged  or  fraudulently  altered,  or  who  knowing  any 
such  licence  or  document  to  be  forged  or  fraudulently  altered  uses  the 
same,  or  who  aids  in  forging  or  fraudulently  altering  any  such  licence 
or  document,  shall  be  guilty  of  a  misdemeanor  within  the  meaning  of 
the  merchant  shipping  act,  1854. 

(5)  Subject  to  this  act,  the  provisions  of  sections  one  hundred  and 
three  and  one  hundred  and  four  and  part  ten  of  the  merchant  shipping 
act,  1854,  and  of  section  thirty-four  of  the  merchant  shipping  act,  1876, 
which  are  set  out  in  the  second  schedule  to  this  act,  shall  apply  as  if 
they  were  herein  reenacted,  and  in  terms  made  applicable  to  an  offence 
and  forfeiture  under  this  act;  and  any  commissioned  officer  on  full  pay 
in  the  naval  service  of  Her  Majesty  the  Queen  may  seize  the  ship's 
certificate  of  registry. 

2.  (1)  Where  an  officer  seizes  under  'his  act  a  ship's  certificate  of 
registry,  he  shall  either  retain  the  cei  i  ^iicate  and  give  a  provisional 
certificate  in  lieu  thereof,  or  return  the  certificate  with  an  indorse- 
ment of  the  grounds  on  which  it  was  seized,  and  in  either  case  shall 
direct  the  ship,  by  an  addition  to  the  provisional  certificate  or  to  the 


FUB-SEAL   FISHERIES   IN   BEBING   8EA. 


47 


ict  referred  to 
teenth  day  of 
cootained  the 
t  is  expedient 

it  Majesty,  by 
.nd  Temporal, 
and  by  the 

^ward  set  out 
ose  provisions 
re  enacted  by 
jreof  to  be  for- 

u  committing, 
be  guilty  of  a 
ing  act,  1854, 
luipment,  and 

0  Her  Majesty 
hundred  and 

ejudice  to  any 
)n  payment  of 

,  ^ith  respect 
pply  to  every 

my  licence  or 
F  article  seven 
ich  licence  or 
knowing  any 
)ered  uses  the 
y  such  licence 
le  meaning  of 

hundred  and 
lant  shipping 
►ing  act,  1876, 
ill  apply  as  if 

to  an  offence 
er  on  full  pay 
ize  the  ship's 

certificate  of 
a  provisional 

1  an  indorse- 
ler  case  shall 
late  or  to  the 


indorsement,  to  proceed  forthwith  to  a  specified  port,  being  a  port 
where  there  is  a  British  court  having  authority  to  adjudicate  in  the 
matter,  and  if  this  direction  is  not  complied  with,  the  owner  and  mas- 
ter of  the  ship  shall,  without  prejudice  to  any  other  liability,  each  be 
liable  to  a  fine  not  exceeding  one  hundred  pounds. 

(2)  Where  in  pursuance  of  this  section  a  provisional  certificate  is 
given  to  a  ship,  or  the  ship's  certificate  is  indorsed,  any  officer  of  cus- 
toms in  Her  Majesty's  dominions  or  British  consular  officer  may  detain 
the  ship  until  satisfactory  security  is  given  for  her  appearance  in  any 
legal  proceedings  which  may  be  taken  against  her  in  pursuance  of 
this  act. 

3.  (1)  Her  Majesty  the  Queen  in  Council  may  make,  revoke,  and 
alter  orders  for  carrying  into  effect  the  scheduled  provisions,  and  this 
act,  and  every  such  order  shall  be  forthwith  laid  before  both  Houses 
of  Parliament  and  published  in  the  London  Gazette,  and  shall  have 
effect  as  if  enacted  in  this  act. 

(2)  If  there  is  any  contravention  of  any  regulation  made  by  any  such 
order,  any  person  committing,  procuring,  aiding,  or  abetting  such  con- 
travention shall  be  liable  to  a  penalty  not  exceeding  one  hundred 
pounds. 

(3)  An  order  in  council  under  this  act  may  provide,  that  such  officers 
of  the  United  States  of  America  as  are  specified  in  the  order  may,  in 
respect  of  offences  under  this  act,  exercise  the  like  powers  under  this 
act  as  may  be  exercised  by  a  commissioned  officer  of  Her  Majesty  in 
relation  to  a  British  ship,  and  the  equipment  and  certificate  thereof,  or 
such  of  those  powers  as  appear  to  Her  Majesty  in  council  to  be  exer- 
ciseable  under  the  law  of  the  United  States  of  America  against  ships 
of  the  United  States ;  and  that  such  British  officers  as  are  specified  in 
the  order  may  exercise  the  powers  conferred  by  this  act,  with  any  nec- 
essary modifications  specified  in  the  order,  in  relation  to  a  ship  of  the 
United  States  of  America,  and  the  equipment  and  certificate  thereof. 

4.  (1)  Where  any  offence  under  this  act  has  been  committed  by  some 
person  belonging  to  a  ship,  or  by  means  of  a  ship,  or  the  equipment  of 
a  ship,  the  master  of  the  ship  shall  be  deemed  guilty  of  such  offence, 
and  the  ship  and  her  equipment  shall  be  liable  to  forfeiture  under 
this  act; 

(2)  Provided  that  if  it  is  proved  that  the  master  issued  proper  orders 
for  the  observance,  and  used  due  diligence  to  enforce  the  observance 
of  this  act,  and  the  regulations  in  force  thereunder,  and  that  the 
offence  in  question  was  actually  committed  by  some  other  person  with- 
out his  connivance,  and  that  the  actual  offender  has  been  convicted,  or 
that  he  has  taken  all  proper  means  in  his  power  to  prosecute  such 
offender,  if  alive,  to  conviction,  the  master  or  the  ship  shall  not  be 
liable  to  any  penalty  or  forfeiture  other  than  such  sum  as  will  prevent 
any  profit  accruing  by  reason  of  the  offense  to  the  master  or  crew  or 
owner  pf  the  ship. 


48 


FUR-BEAL   FISHERIES   IN   BERING   SEA. 


6.  The  expression  '< equipment"  in  this  act  includes  any  boat,  tackle, 
fishing^  or  shooting  instruments,  and  other  things  belonging  to  a  ship. 

6.  This  act  may  be  cited  as  the  Behring  Sea  award  act,  1894. 

7.  (1)  This  act  shall  come  into  operation  on  the  first  day  of  May,  one 
thousand  eight  hundred  and  ninety- four,  provided  that  Her  Majesty  in 
council,  if  at  any  time  it  appears  expedient  so  to  do,  having  regard  to 
the  circumstances  which  have  then  arisen  in  relation  to  the  scheduled 
provisions  or  to  the  enforcement  thereof,  may  suspend  the  operation  of 
this  act  or  any  part  thereof  during  the  period  mentioned  in  the  order, 
and  the  sa!n<»  ahall  be  suspended  accordingly. 

(2)  Where  on  any  proceeding  in  any  court  against  a  person  or  ship 
in  respect  of  any  ofi'ence  under  this  act  it  is  proved  that  the  ship  sailed 
from  its  port  of  departure  before  the  provisions  of  the  award  mentioned 
in  the  flrst  schedule  to  this  act  were  known  there,  and  that  such  per- 
son or  the  luaster  of  the  ship  did  not,  after  such  sailing  and  before  the 
alleged  ofi'ence,  become  aware  of  those  provisions,  such  person  shall  be 
acquitted,  and  the  ship  shall  be  released  and  not  forfeited. 

8.  This  act  shall  remain  in  force  so  long  as  the  scheduled  provisions 
remain  in  force  and  no  longer; 

Provided  that  if  by  agreement  between  Her  Majesty  the  Queen  and 
the  Government  of  the  United  States  of  America,  the  scheduled  provi- 
sions are  modified,  then  Her  Majesty  in  council  may  order  that  this  act 
shall,  subject  to  any  modifications  specified  in  the  order,  apply,  and 
the  same  shall  accordingly  apply,  to  the  modified  provisions  in  like 
manner  ac  if  they  were  set  out  in  the  first  schedule  to  this  act. 


SCHEDULES. 
First  Schedule. 

Provisions  in  award  of  the  Tribunal,  of  Arbitration  ecnstituted  ar'.'l^  the 
treaty  concluded  at  Washington  on  the  29th  of  February j  189.2^  between 
Her  Majesty  the  Queen  and  the  United  States  of  America. 

And  whereas  the  aforesaid  determination  of  the  foregoing  questions 
as  to  the  exclusive  jurisdiction  of  the  United  States  mentioned  in  Arti- 
cle VI  leaves  the  subject  in  such  a  position  that  the  concurrence  of 
Great  Britain  is  necessary  to  the  establishment  of  regulations  for  the 
proper  protection  and  preservation  of  the  fur  seal  in  or  habitually 
resorting  to  Behring  Sea,  the  Tribunal  having  decided  by  a  miyority 
as  to  each  article  of  the  following  regulations,  we,  the  said  Baron  de 
Oourcel,  Lord  Hannen,  Marquis  Visconti  Venosta,  and  Mr.  Gregers 
Gram,  assenting  to  the  whole  of  the  nine  articles  of  the  following 
regulations,  and  being  a  majority  of  the  said  arbitrators,  do  decide  and 
determine  in  the  mode  provided  by  the  treaty  that  the  following  con- 
current regulations  outside  the  jurisdictional  limits  of  U'e  respective 


FUR-SEAL   FISUERIEB   IN   BERING   SEA. 


4$ 


boat,  tackle, 
»g  to  a  ship. 
1894. 

r  of  May,  one 
jr  Majesty  in 
iig  regard  to 
ie  scheduled 
operation  of 
in  the  order, 

irson  or  ship 
e  shi])  sailed 
^  mentioned 
at  such  per- 
d  before  the 
'son  shall  be 

i  provisions 

J  Queen  and 
duled  provi- 
;hat  this  act 
)  apply,  and 
ions  in  like 
ftct. 


ed  ur'.'I.er  the 
39.2,  between 

g  questions 
aed  in  Arti- 
currence  of 
ions  for  the 
habitually 
a  majority 
i  Baron  «le 
ir.  Gregers 
e  following 
decide  and 
owing  con- 
respective 


Governments  are  necessary,  and  that  they  should  extend  over  the 
waters  hereinafter  mentioned;  that  is  to  say: 

Abtiole  1.  The  Governments  of  the  United  States  and  of  Great 
Britain  shall  forbid  their  citizens  and  subjects,  respectively,  to  kill,  cap- 
ture, or  pursue,  at  any  time  and  in  any  manner  whatever,  the  animals 
i^ommonly  called  fur  seals,  within  a  zone  of  60  miles  around  the  Fribi- 
lo£f  Islands,  inclusive  of  the  territorial  waters. 

The  miles  mentioned  in  the  preceding  paragraph  are  geographical 
miles,  of  60  to  a  degree  of  latitude. 

Article  2.  The  two  Governments  shall  forbid  their  citizens  and  sub- 
jects, respectively,  to  kill,  capture,  or  pursue,  in  any  manner  whatever, 
during  the  season  extending  each  year  from  the  Ist  May  to  the  31st 
July,  both  inclusive,  the  fur  seals  on  the  high  sea  in  the  part  of  the 
Paoiflc  Ocean,  inclusive  of  the  Behring  Sea,  which  is  situated  to  the 
north  of  the  35th  degree  of  north  latitude  and  eastward  of  the  180th 
degree  of  longitude  from  Greenwich  till  it  strikes  the  water  boundary 
described  in  Article  I  of  the  treaty  of  1867  between  the  United  States 
and  Bussia,  and  following  that  line  up  to  Behring  Straits. 

Article  3.  During  the  period  of  time  and  in  the  waters  in  which 
the  fur-seal  fishing  is  allowed  only  sailing  vessels  shall  be  permitted  to 
carry  on  or  take  part  in  fur-seal  fishing  operations.  They  will,  how- 
ever, be  at  liberty  to  avail  themselves  of  the  use  of  such  canoes  or 
undecked  boats,  propelled  by  paddles,  oars,  or  sails,  as  are  in  common 
use  as  fishing  boats. 

Article  4.  Each  sailing  vessel  authorised  to  fish  for  fur  seals  must 
be  provided  with  a  special  license  issued  for  that  purpose  by  its  Gov- 
ernment, and  shall  be  required  to  carry  a  distinguishing  flag  to  be  pre- 
scribed by  its  Government. 

Article  5.  The  masters  of  the  vessels  engaged  in  fur-seal  fishing 
shall  enter  accurately  in  their  official  log  book  t^  ^  date  and  place  of 
each  fur-seal  fishing  operation,  and  also  the  nL/i:>'<:>.)r  and  se^  of  the 
seals  captured  upon  e<ach  day.  These  entries  shall  be  communicated 
by  each  of  the  two  Governments  to  the  other  at  the  end  of  each  fishing  . 
season. 

Article  6.  The  use  of  nets,  firearms,  and  explosives  shall  be  for- 
bidden in  the  fur-seal  fishing.  This  restriction  shall  not  apply  to  shot- 
guns when  such  fishing  takes  place  outside  of  Behring's  Sea  during  the 
season  when  it  may  be  lawfully  carried  on. 

Article  7.  The  two  Governments  shall  take  measures  to  control  the 
fitness  of  the  men  authorised  to  engage  in  fur-seal  fishing.  These  men 
shall  have  been  proved  fit  to  handle  with  sufficient  skill  the  weapons 
by  means  of  which  this  fishing  may  be  carried  on. 

Article  8.  The  regulations  contained  in  the  preceding  articles  shall 

not  apply  to  Indians  dwelling  on  the  coasts  of  the  territory  of  the  United 

States  or  of  Great  Britain,  and  carrying  on  fur-seal  fishing  in  canoes 

or  undecked  boats  not  transported  by  or  used  in  connexion  with  othav 

14568 4 


50 


FUR-SEAL   FISHERIES    IN   BERING  SEA. 


vessels  and  propelled  wholly  by  pftdcUos,  oars,  or  sails,  and  manned  by 
not  more  than  five  persons  each  in  the  way  hitherto  practised  by  the 
Indians,  provided  such  Indians  are  not  in  the  employment  of  other 
persons,  and  provided  that,  when  so  hunting  in  canoes  or  undecked 
boats,  they  shall  not  hunt  fur  seals  outside  of  territorial  waters  under 
contract  for  the  delivery  of  the  skins  to  any  person. 

This  exemption  shall  not  be  construed  to  affect  the  municipal  law 
of  either  country,  nor  shall  it  extend  to  the  waters  of  Behring  Sea  or 
the  waters  of  the  Aleutian  Passes. 

Nothing  herein  contained  is  intended  to  interfere  with  the  employ- 
ment of  Indians  as  hunters  or  otherwise  in  connection  with  fur-sealing 
vessels  as  heretofore. 

Abtigle  9.  The  concurrent  regulations  hereby  determined  with  a 
view  to  the  protection  and  preservation  of  the  fur  seals  shall  remain 
in  force  until  they  have  been,  in  wliole  or  in  part,  abolished  or  modified 
by  common  agreement  between  the  Governments  of  United  States 
and  of  Great  Britain. 

The  said  concurrent  regulations  shall  be  submitttiu  ov^ery  five  years 
to  a  new  examination,  so  as  to  enable  both  interested  Governments  to 
consider  whether,  in  the  light  of  past  experience,  there  is  occasion  for 
any  modification  thereof. 


Second  Schedule, 
Enactments  of  merchant  shipping  act  {17  aid  18  Vict.  o.  104)  applied. 

Section  103.  •  ♦  •  And  in  order  thtt  the  above  provisions  as 
to  forfeitures  may  be  carried  i' to  effect,  it  sLall  be  lawful  for  any  com- 
missioned oflBcer  on  full  pay  in  the  military  or  naval  service  of  Her 
ME^esty,  or  any  British  officer  of  customs,  or  any  British  consular 
officer,  to  seize  and  detain  any  ship  which  hos,  either  wholly  or  as  to 
any  share  therein,  become  subject  to  fprfeiturc  as  aforesaid,  and  to  bring 
her  for  adjudication  before  the  high  court  of  admiralty  in  England  or 
Ireland,  or  any  court  having  adujiralty  juiisdiftion  in  Her  Majesty's 
dominions;  and  such  court  may  thereupon  make  such  order  in  the  case 
as  it  may  think  fit,  and  may  award  to  the  officer  bringing  in  the  same 
for  adjudication  such  portion  of  the  proceeds  of  the  sale  of  any  forfeited 
ship  or  share  as  it  may  think  right. 

Section  104.  No  such  oflBcer  as  aforesaid  shall  be  responsible,  either 
civilly  or  criminally,  to  any  person  whomsoever,  in  respect  of  the  seiz- 
ure or  detention  of  any  ship  that  has  been  seized  or  detained  by  him  in 
pursuance  of  the  provisions  herein  contained,  notwithstanding  that 
such  ship  is  not  brought  in  for  adjudication,  or,  if  so  brought  in,  is 
declared  not  to  be  liable  to  forfeiture,  if  it  is  shown  to  the  satisfaction  of 
the  judge  or  court  before  whom  any  trial  relating  to  such  ship  or  such 


FUR-SEAL   B'ISHERIES   IN   BERING   BEA. 


51 


id  manned  by 
ictised  by  the 
iiont  of  other 
or  undecked 
waters  under 

nunicipal  law 
Bhriug  Sea  or 

li  the  employ- 
th  fur-sealing 

mined  with  a 

shall  remain 

ad  or  modified 

[Juited  States 

ery  five  years 
vernnients  to 
is  occasion  for 


'04)  applied. 

provisions  as 
I  for  any  com- 
srvice  of  Her 
itish  consular 
loUyor  as  to 
I,  and  to  bring 
1  England  or 
Fler  Majesty's 
er  in  the  case 
:  in  the  same 
'  any  forfeited 

msible,  either 
it  of  the  seiz- 
tted  by  him  in 
tanding  that 
)rought  in,  is 
atisfaction  of 
ship  or  such 


seizure  or  detention  is  hold  that  there  were  reasonable  grounds  for  such 
seizure  or  detention;  but  if  no  such  grounds  are  shown,  suuh  judge  or 
court  may  award  payment  of  costs  and  damages  to  any  party  aggrieved, 
and  make  such  other  order  in  the  premises  as  it  thinks  just. 


Part  X.— Legal  Procedure. 

Application. 

Section  517.  The  tenth  part  of  this  act  shall,  in  all  cases  where  no 
particular  country  is  mentioned,  upply  to  the  whole  of  Her  Majesty's 
dominions. 

Legal  procedure  (general). 

Section  518.  In  all  places  within  lier  Majesty's  dominions,  except 
Scotland,  the  offences  hereinafter  mentioned  shall  be  punished  and 
penalties  recovered  in  manner  following,  that  is  to  say — 

(1)  Every  offence  by  this  act  declared  to  be  a  misdemeanor  shall  be 
punishable  by  fine  or  imprisonment  with  or  without  hard  labour,  and 
the  court  before  which  such  offence  is  tried  may,  in  England,  make  the 
same  allowances  and  order  payment  of  the  same  costs  and  expenses  as 
if  such  misdemeanor  had  been  enumerated  in  the  act  passed  in  the 
seventh  year  of  His  late  Majesty  King  George  the  Fourth,  chapter 
sixty-four,  or  any  other  act  that  may  be  passed  for  the  like  purpose, 
and  may  in  any  other  part  of  Her  Majesty's  ddminions  make  such 
allowances  and  order  payment  of  such  costs  and  expenses,  if  any,  as 
are  payable  or  allowable  upon  the  trial  of  any  misdemeanor  under  any 
existing  act  or  ordinance  or  as  may  be  payable  or  allowable  under  any 
act  or  law  for  the  time  being  in  force  therein. 

(2)  Every  offence  declared  by  this  act  to  be  a  misdemeanor  shall  also 
be  deemed  to  be  an  offence  hereby  made  punishable  by  imprisonment 
for  any  period  not  exceeding  six  months,  with  or  without  herd  labour, 
or  by  a  penalty  not  exceeding  one  hundred  pounds,  and  may  be  prose- 
cuted accondingly  in  a  summary  manner,  instead  of  being  prosecuted 
as  a  misdemeanor. 

(3)  Every  offence  hereby  made  punishable  by  imprisonment  tor  any 
period  not  exceeding  six  months,  with  or  without  hard  labour,  or  by 
any  penalty  not  exceeding  one  hundred  pounds,  shall,  in  England  and 
Ireland,  be  prosecuted  summarily  before  any  two  or  more  justices,  as  to 
England  in  the  manner  directed  by  the  act  of  the  eleventh  and  twelfth 
years  of  the  reign  of  Her  Majesty  Queen  Victoria,  chapter  forty-three, 
and  as  to  Ireland  in  the  manner  directed  by  the  act  of  the  fourteenth 
and  fifteenth  years  of  the  reign  of  Her  Majesty  Oueen  Victoria,  chapter 
ninety-three,  or  in  such  other  manner  as  may  be  directed  by  any  act  or 
iicts  that  may  be  passed  for  like  purposes.  And  all  provisions  con- 
tained in  the  said  acts  shall  be  applicable  to  such  prosecutions  in  the 


52 


PUR-SEAL   FISHEKIES   IN   BERING   SEA. 


i?i  ■,■;  I 


;|H;: 


same  manner  as  if  the  oflfeuces  in  ie8pt(;t  of  which  the  same  are  insti- 
tuted were  hereby  stated  to  be  offencea  in  respect  of  which  two  or  more 
.justices  have  power  to  convict  summarily  or  to  make  a  summary  order. 

(4)  In  all  cases  of  summary  convictions  in  England,  where  the  sum 
aiijudged  to  paid  exceeds  five  pounds,  or  the  period  of  imprisonment 
adjudged  exceeds  one  month,  any  person  who  thinks  himself  aggrieved 
by  such  conviction  may  appeal  to  the  next  court  of  general  or  quarter 
sessions. 

(5)  All  oli'euces  under  this  act  shall,  in  any  British  possession,  be 
punishable  in  any  court  or  by  any  justice  of  the  peace  or  magistrate  in 
which  or  by  whom  offences  of  a  like  character  are  ordinarily  punishable, 
or  in  su^h  other  manner  or  by  3uch  other  courts,  justices,  or  magis- 
trates as  may  from  time  to  time  be  determined  by  any  act  or  ordinance 
duly  made  in  such  possession  in  such  manner  as  acts  and  ordinances  in 
such  possession  are  required  to  be  made  in  order  to  have  the  force  of 
law. 

Section  519.  Any  stipendiary  magistrate  shall  have  full  power  to 
do  alone  whatever  two  justices  of  the  peace  are  by  this  act  authorised 
to  do. 

Section  520.  For  the  purpose  of  giving  jurisdi(}tion  under  this  act, 
every  ofieuce  shall  be  deemed  to  have  been  committed,  anii  every  cause 
of  complaint  to  have  arisen,  eitlier  in  the  place  in  which  the  same 
actually  was  committed  or  arose,  or  in  any  place  in  which  the  oHender 
or  person  complained  against  may  be. 

Section  521.  In  all  cases  where  any  district  within  which  any  court 
or  justice  of  the  peace  or  other  magistrate  has  j  .risdiction,  either  under 
this  act  or  under  any  other  act  or  at  common  law,  for  any  purpose 
whatever,  is  situate  on  the  coast  of  any  sea,  or  abutting  on  or  project- 
ing into  any  bay,  chaiiUel,  lake,  river,  or  other  navigable  water,  every 
such  court,  justice  of  the  peace,  or  magistrate  shall  have  jurisdiction 
over  any  ship  or  boat  being  on  or  lying  or  passing  off  such  coast,  or 
being  in  or  near  such  bay,  channel,  lake,  river,  or  navigable  water  as 
aforesaid,  and  over  al!  persons  on  board  such  sh^p  or  boat  or  for  the 
time  being  belonging  thereto,  in  the  same  manner  as  if  such  ship,  boat, 
or  persons  were  within  the  limits  of  the  original  jurisdiction  of  such 
court,  justice,  or  magistrate. 

Section  522.  Service  of  any  summons  or  other  matter  in  any  legal 
proceeding  under  this  act  shall  be  good  service,  if  made  personally  on 
the  person  to  bo  served,  or  at  his  last  place  of  abode,  or  if  uuide  by 
leaving  such  summons  for  him  on  board  any  ship  to  which  he  may 
belong  with  the  person  being  or  appearing  to  be  in  command  or  charge 
of  such  ship. 

Seotion  523.  In  all  cases  where  any  court,  justice  or  justices  of  the 
peace,  or  other  magistrate,  has  or  have  power  to  make  an  order  direct- 
ing payment  to  be  made  of  any  seaman's  wages,  i)enalties,  or  other 
sums  of  money,  then,  if  the  party  so  directed  to  pay  the  sa^^e  is  the 


ne  are  insti- 
two  or  more 
nniary  order. 
lere  the  sum 
ni^risonineiit 
M  aggrieved 
il  or  quarter 

ossession,  be 
nagistrate  in 
y^  punishable, 
Bs,  or  magis- 
or  ordinance 
ordinances  in 
e  the  force  of 

"uJl  power  to 
ct  authorised 

ider  this  act, 
1  every  cause 
ch  the  same 
L  the  offender 

ich  any  court 
,  either  under 
any  purpose 
an  or  project- 
water,  every 
3  jurisdiction 
uch  coast,  or 
ible  water  as 
at  or  for  the 
ch  ship,  boat, 
3tion  of  such 

in  any  legal 
jersonally  on 
►r  if  made  by 
Itich  he  may 
nd  or  charge 

istices  of  the 
order  direct- 
bies,  or  other 
)  Ba.^e  is  the 


t'OR-SEAL   FISHERIES   IN   BERING   SEA.  9- 

master  or  owner  of  a  ship,  and  tlio  same  is  not  paid  at  the  time  and  m 
manner  prescribed  in  the  order,  the  court,  justice  or  justices,  or  other 
magistrate  who  made  the  order,  may,  in  addition  to  any  otlier  TM»wers 
tliey  or  he  may  have  for  the  purpose  of  compelling  jiayment,  direct  the 
amount  remaitiing  unpfiid  to  be  levied  by  distress  or  poinding  and  sale 
of  the  said  ship,  her  tackle,  furniture,  and  apparel. 

Seotton  524.  Any  court  justice,  or  magistrate  imposing  any  penalty 
under  this  act,  for  which  no  specific  application  is  herein  provided,, 
may,  if  it  or  he  thinks  fit,  direct  the  wliole  or  any  part  thereof  to  be^ 
applied  in  compensating  any  person  for  any  wrong  or  damage  which; 
he  may  have  sustained  by  the  act  or  default  in  respect  of  which  suchi 
penalty  is  imposed,  or  to  be  applied  in  pv  towards  payment  of  the 
e3r{)en8e8  o*'  the  proceedings;  and,  subject  to  such  directions  or  spe- 
cific application  as  aforesaid,  all  i)enalties  recovered  in  the  United 
Kingdom  shall  be  paid  into  the  receipt  of  Her  Majesty's  exchequer  in 
such  manner  as  the  Treasury  may  direct,  and  shall  be  carried  to  and 
form  part  of  the  consolidated  fund  of  the  United  Kingdom;  and  all 
penalties  recovered  in  any  British  Possession  shall  be  paid  over  into 
the  public  treasury  of  such  Possession,  and  form  part  of  the  public 
revenue  thereof. 

Section  525.  The  time  for  instituting  summary  proceedings  under 
this  act  shall  be  limited  as  follows,  that  is  to  say — 

(1)  No  lonviction  for  any  offence  shall  be  made  under  this  act  in  any 
summary  proceeding  instituted  in  tlie  United  Kingdom,  unless  such 
proc'tidi'ig  is  commenced  within  six  months  after  the  commission  of 
the  offence;  or,  if  both  or  either  of  the  parties  to  such  proceeding 
happen  during  such  time  to  be  out  of  the  United  Kingdom,  unless  the 
same  is  commenced  within  two  months  after  they  both  first  happen  to 
arrive  or  to  be  at  one  time  within  the  same. 

(2)  No  conviction  for  any  offence  sh  U  be  made  under  this  act  in  any 
proceeding  instituted  in  any  British  ossession,  unless  such  proceeding 
is  commenced  within  six  moutlis  afior  the  commission  of  the  offence;  or 
if  both  or  either  of  the  parties  to  the  proceeding  hajipen  during  such 
time  not  to  be  within  the  jurisdiction  of  any  court  (sapable  of  dealing 
with  the  case,  unless  the  same  is  commenced  within  two  months  after 
they  both  first  happen  to  arrive  or  to  be  at  one  time  within  such 
jurisdiction. 

(3)  No  order  for  the  payment  of  money  sha'i  be  made  under  this  act 
in  anj"^  summary  proceeding  instituted  in  tho  United  Kingdom,  unless 
such  proceeding  is  commenced  within  six  months  after  the  cause  of 
complaint  arises;  or,  if  both  or  eitlier  of  the  parties  happen  during 
such  time  to  be  out  of  the  United  Kingdom,  unless  the  same  is  com- 
menced within  six  months  after  they  both  first  happen  to  arrive  or  to 
be  at  one  time  within  the  same. 

(4)  No  order  for  the  payment  of  money  shall  be  made  under  this  act 
in  any  summary  proceeding  instituted  in  any  British  possession,  unless. 


•mmtumfmammmm 


1   •■  S 


Mf 


64 


PUR-SEAL   FnHERIES   IN   BERING   SEA. 


g  jcli  proceeding  is  commenced  within  six  montlus  after  the  cause  of 
complaint  arises;  or,  if  both  or  either  of  the  parties  to  the  proceeding 
happeu  during  sucli  time  not  to  be  within  the  Jurisdiction  of  any  court 
capable  of  dealing  with  the  case,  unless  the  same  is  commenced  within 
six  months  after  they  both  first  happeu  to  arrive  or  be  at  one  time 
within  such  jurisdiction. 

And  no  j^rovisiou  contained  in  any  other  act  or  acts,  ordinance  or 
ordinances  for  limiting  the  time  within  which  summary  proceedings 
may  be  instituted,  shall  atfect  any  summary  ])roceeding  under  this  act. 

Section  520.  Any  document  required  by  this  act  to  be  executed  in 
the  presence  of  or  to  be  attested  by  any  witness  or  witnesses,  may  be 
proved  by  the  evidence  of  any  person  who  is  able  to  bear  witness  to  the 
requisite  facts,  without  calling  the  attesting  witness  or  witnesses  or 
any  of  them. 

Section  527.  Whenever  any  injury  has,  in  any  part  of  the  world, 
been  caused  to  any  property  belonging  to  Her  Majesty  or  to  any  of  Her 
Majesty's  subjects  by  any  foreign  ship,  if  at  any  time  thereafter  such 
ship  is  found  in  any  port  or  river  of  the  United  Kingdom  or  within 
three  miles  of  the  coast  thereof,  ic  shall  be  lawful  for  the  judge  of  any 
court  of  record  in  the  United  Kingdom,  or  for  the  judge  of  the  high 
court  of  admiralty,  or  in  Scotland  the  court  of  session,  or  the  sheriff 
ot  the  county  within  whose  jurisdiction  such  ship  may  be,  upon  its 
being  shown  to  him  by  any  jierson  ai)plying  summarily  that  such  injury 
was  probably  caused  by  the  misconduct  or  want  of  skill  of  the  master 
or  mariners  of  such  ship,  to  issue  an  order  directed  to  any  officer  of 
customs  or  other  officer  named  by  such  judge,  requiring  him  to  detain 
such  ship  until  such  time  as  the  owner,  master,  or  consignee  thereof 
has  made  satisfaction  in  resi)ect  of  such  injui-y,  or  has  given  security, 
to  be  approved  by  the  judge,  to  abide  the  event  of  any  action,  suit,  or 
other  legal  proceerMngthat  may  be  instituted  in  respect  of  such  injury, 
and  to  pay  all  costs  and  damages  that  may  be  awarded  thereon;  and 
any  officer  of  customs  or  other  officer  to  whom  such  order  is  directed 
shall  detain  such  shij)  accordingly. 

Seoton  628.  In  finy  case  where  it  appears  that  before  any  application 
can  be  made  under  the  foregoing  section  such  foreign  ship  will  have 
departed  beyond  the  limits  therein  mentioned,  it  shall  be  lawful  for 
any  commissioned  officer  on  full  pay  in  the  military  or  naval  service  ot 
Her  Majesty,  or  any  British  officer  of  customs,  or  any  British  consular 
officer,  to  detaid  such  ship  until  such  time  as  will  allow  such  applica- 
tion to  be  made  aiul  the  result  thereof  to  be  communicated  to  him ;  and 
no  such  officer  shall  be  liable  for  any  costs  or  damages  in  respect  of 
such  detention  unless  the  same  is  proved  to  have  been  made  without 
reasonable  grounds. 

Section  529.  In  any  action,  suit,  or  other  proceeding  in  relation  to 
such  injury,  the  person  so  giving  secmrity  as  aforesaid  shall  be  made 
defendant  or  defender  and  shall  be  stated  to  be  the  owner  of  the  ship 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


56 


the  cause  of 
proceeding 
)f  any  court 
need  witliin 
at  one  time 

Drdinance  or 
proceedings 
ler  tliis  act. 
executed  in 

9868,  may  be 
itness  to  the 
witnesses  or 

f  tlie  world, 

0  any  of  Her 
reafter  8uch 
Din  or  within 
judge  of  any 

1  of  the  high 
)r  the  sheriff 
be,  upon  its 
t  such  injury 
f  the  master 
my  officer  of 
lim  to  detain 
guee  thereof 
ven  security, 
ition,  suit,  or 

such  injury, 
liereon;  and 
r  is  directed 

y  application 
ip  will  have 
>e  lawful  for 
"^al  service  of 
:i8h  consular 
luch  applica- 
tohini;  and 
in  respect  of 
lade  without 

n  relation  to 
tail  be  made 
r  of  the  ship 


that  has  occasioned  such  damage;  and  the  production  of  the  order  of 
the  judge  tnade  in  relation  to  such  security  shall  be  conclusive  evi- 
dence of  the  liability  of  such  defendant  or  defender  to  such  action, 
suit  J  or  other  proceeding. 

Legal  procedure  (Scotland). 

Section  530.  In  Scotland  every  offence  which  by  this  act  is  described 
as  a  felony  or  misdemeanor  may  be  prosecuted  by  indictment  or  ciimiual 
etters  at  the  instance  of  Her  Majesty's  Advocate  before  the  high  court 
of  justiciary,  or  by  criminal  libel  at  the  instance  of  the  procurator 
fiscal  of  the  county,  before  the  sheriff,  and  shall  be  punishable  with  fine 
and  with  imprisonment,  with  or  without  hard  labour  in  default  of  pay- 
ment, or  with  imprisonment,  with  or  without  hard  labour,  or  with  both, 
as  the  court  may  tliink  fit,  or  in  tlie  case  of  felony  with  penal  servitude, 
wliere'the  coiirt  is  competent  thereto;  and  such  court  may  also,  if  it 
think  fit,  order  i)ayment  by  the  offender  of  the  costs  .and  expenses  ot 
the  prosecution. 

Section  531.  In  Scotland,  all  prosecutions,  complaints,  actions,  or 
proceedings  under  this  act,  other  than  prosecutions  for  felonies  or  mis- 
demeanors, may  be  brought  in  a  !=iuminary  form  before  the  sheriff"  of 
the  county,  or  before  any  two  ji  ct's  of  the  peace  of  the  county  or 
burgh  where  the  cause  of  such  pi  secution  or  action  arises,  or  wliere 
the  offender  or  defender  may  be  for  the  tim  ,  and  when  of  a  criminal 
nature  or  for  penalties,  at  the  instance  of  lUo  procurator  flKcal  of  court, 
or  at  the  instance  of  any  party  aggrieved,  with  voiicurrencf  of  the  pro- 
curator fiscal  of  court;  and  the  court  may,  if  it  think  fit,  order  payment 
by  the  offender  or  defender  of  the  costs  of  the  prosecui  ion  or  at  ■:  'mi. 

Section  532.  In  Scotland  all  prosecutions,  comphunts,  actions,  or 
other  proceedings  under  this  .act  maybe  brought  either  in  a  written 
or  printed  form,  or  partly  written  .and  partly  printed,  and  where  such 
proceedings  are  brought  in  a  summary  form  it  shall  not  necessary 
in  the  complaint  to  recite  or  set  forth  the  clause  or  clau  a  the  .act  ou 
which  such  proceeding  is  founded,  but  it  shall  be  suflficioiit  to  specify  or 
ref  ir  to  such  clause  or  clauses,  .and  to  set  forth  shortly  the  cause  of  com- 
plaint or  action  and  the  remedy  sought;  and  when  such  complaint  or 
action  is  brought  in  whole  or  in  part  for  the  enforcement  of  a  pecuniary 
debt  or  demand,  the  complaint  may  contain  a  prayer  for  warrant  to 
arrest  upon  the  dependence. 

Section  533.  In  Scotland,  on  any  complaint  or  other  proceeding 
brought  in  a  summary  form  under  this  act  being  presented  to  the 
sheriff"  clerk  or  clerk  of  the  peace,  he  shall  grant  warrant  to  cite  the  de- 
fender to  appear  personally  before  the  said  sheriff  or  justices  of  the 
peace  on  a  d.ay  fixed,  and  at  the  same  time  shall  appoint  a  copy  of  the 
H.ame  to  be  delivered  to  fiim  by  a  sheriff  officer  or  constable,  as  the  case 
m.ay  be,  along  with  the  citation ;  and  such  deliverance  shall  also  contain 
a  warrant  for  citing  witnesses  and  havers  to  coinx)ear  at  the  same  time 


56 


PUB-SEAL   FISHERIES   IN   BERING   SEA, 


and  place  to  give  evidence  and  produce  such  writs  as  may  be  specified 
in  their  citation ;  and  where  such  warrant  has  been  prayed  for  in  the  com- 
plaint or  other  proceeding,  the  deliverance  of  the  sheriff  clerk  or  clerk 
of  the  peace  shall  also  contain  warrant  to  arrest  upon  the  dependence 
in  common  form :  Provided  always,  that  where  the  apprehension  of  any 
party,  with  or  without  a  warrant,  is  authorized  by  this  act,  such  party 
may  be  detained  in  custody  until  he  can  be  brought  at  the  earliest 
opportunity  before  any  two  justices,  or  the  sheriff  who  may  have  juris- 
diction in  the  place,  to  be  dealt  with  as  this  act  directs,  and  no  citation 
or  inducise  shall  in  such  case  be  necessary. 

Section  534.  When  it  becomes  necessary  to  execute  such  arrest- 
ment on  the  dependence  against  goods  or  effects  of  the  defender  within 
Scotland,  but  not  locally  situated  within  the  jurisdiction  of  the  sheriff' 
or  justices  of  the  peace  by  whom  the  warrant  to  arrest  has  been  granted, 
it  shall  be  competent  to  carry  the  warrant  into  execution  on  its  being 
indorsed  by  the  sheriff'  clerk  or  clerk  of  the  peace  of  the  county  or 
burgh  respectively  within  which  such  warrant  comes  to  be  executed. 

Section  535.  In  all  proceedings  under  this  act  in  Scotland  the  sheriff 
or  justices  of  the  peace  shall  have  the  same  power  of  compelling 
attendance  of  witnesses  and  havers  as  in  cases  falling  under  their  ordi- 
nary jurisdiction. 

Section  536.  The  whole  procedure  in  cases  brought  in  a  summary 
form  before  the  sheriff  or  justices  of  the  peace  in  Scotland  shall  be  con- 
ducted viva  voce,  without  written  pleadings,  and  without  taking  down 
the  evidence  in  writing,  and  no  record  shall  be  kept  of  the  proceedings 
other  than  the  complaint,  and  the  sentence  or  decree  pronounced 
thereon. 

Section  537.  It  shall  be  in  the  power  of  the  sheriff  or  justices  of 
the  peace  in  Scotland  to  adjourn  the  proceedings  from  time  to  time  to 
any  day  or  days  to  be  fixed  by  them,  in  the  event  of  absence  of  wit- 
nesses or  of  any  other  cause  which  shall  appear  to  them  to  render  such 
adjournment  .  ^sessary. 

Section  538.  In  Scotland  all  sentences  and  decrees  to  be  pronounced 
by  the  sheriff  or  justices  of  the  peace  upon  such  summary  complaints 
shall  be  in  writing;  and  where  tliore  is  a  decree  for  payment  of  any 
sum  or  sums  of  money  against  a  defender,  such  decree  shall  contain 
warrant  for  arrestment,  poinding,  and  imprisonment  in  d  i'ault  of  pay- 
ment, such  arrestment,  poinding?,  or  imprisonment  to  be  carried  into 
effect  by  sheriff's,  oflBcers,  or  constables,  as  the  case  may  be,  in  the  same 
manner  as  in  cases  arising  under  the  ordinary  jurisdiction  in  the  sheriff 
or  justices:  Provided  always,  that  nothing  herein  contained  shall  bo 
taken  or  construed  to  repeal  or  affect  an  act  of  the  fifth  and  sixth  years 
of  William  the  Fourth,  intituled  "An  act  for  abolishing,  in  Scotland, 
imprisonment  for  civil  debts  of  small  amount." 

Section  539.  In  all  summary  complaints  and  proceietlings  for  recov- 
ery of  any  penalty  or  sum  of  money  in  Scotland,  if  a  defender  who  has 


T 


FUR-SEAL   HSHERIES  IN  BERING   SEA. 


67 


e  specirted 
in  the  com- 
•k  or  clerk 
ependence 
5ion  of  any 
such  party 
he  earliest 
have  juris- 
no  citation 

ich  arrest- 
ider  iivithin 
the  sheriff 
en  granted, 
u  its  being 
e  county  or 
executed. 
1  the  sheriff 
compelling 

*  their  ordi- 

a  summary 
hall  be  con- 
akin  g  down 
proceedings 
prononnced 

•  justices  of 
e  to  time  to 
jnce  of  wit- 
render  such 

pronounced 
complaints 
uent  of  any 
lall  contain 
iiult  of  pay- 
carried  into 
in  the  same 
1  the  sheriff 
led  shall  bo 
sixth  years 
n  Scotland, 

(8  for  recov- 
ier  who  has 


been  duly  citeti  shall  not  appear  at  the  time  and  place  required  by  the 
citation,  he  shall  be  held  as  confessed,  and  sentence  or  decree  shall  be 
pronounced  against  him  in  terms  of  the  complaint,  with  such  costs  and 
expenses  as  to  the  court  shall  seem  fit:  Provided  always,  that  he  shall 
be  entitled  to  obtain  himself  reponed  against  any  such  decree  at  any 
time  before  the  same  be  fully  implemented,  by  lodging  with  the  clerk 
of  court  a  reponing  note,  aijd  consigning  in  his  hands  the  sum  decerned 
for,  and  the  costs  which  had  been  awarded  by  the  court,  and  on  the 
same  day  delivering  or  transmitting  through  the  post  to  the  pursuer  or 
his  agent  a  copy  of  such  reponing  note;  and  a  certificate  by  the  clerk 
of  court  of  such  note  having  been  lodged  shall  operate  as  a  sist  of  dili- 
gence till  the  cause  shall  have  been  reheard  and  finally  disposed  of, 
which  shall  be  on  the  next  sitting  of  the  court,  or  on  any  day  to  which 
the  court  shall  then  adjourn  it. 

Section  640.  In  all  summary  complaints  or  other  proceedings  not 
brought  for  the  recovery  of  any  penalty  or  sum  of  money  in  Scotland, 
if  a  defender,  being  duly  cited,  shall  fail  to  appear,  the  sheriff  or  jus- 
tices may  grant  warrant  to  apprehend  and  bring  him  before  the  court. 

Section  541.  In  all  cases  where  sentences  or  decrees  of  the  sheriff 
or  justices  require  to  be  enforced  within  Scotland,  but  beyond  the  juris- 
diction of  the  sheriff  or  justices  by  whom  such  sentences  or  decrees 
have  been  pronounced,  it  shall  be  competent  to  carry  the  same  into 
execution  upon  the  same  being  indorsed  by  the  sheriff  clerk  or  clerk  of 
the  peace  of  the  county  or  burgh  within  which  such  execution  is  to  take 
place. 

Section  542.  No  order,  decree,  or  sentence  pronounced  by  any  sheriff 
or  justice  of  the  peace  in  Scotland  under  the  authority  of  thia  act  shall 
be  quashed  or  vacated  for  any  misnomer,  informality,  or  defect  of  form; 
and  all  orders,  decrees,  and  sentences  so  pronounced  shall  be  final  and 
conclusive,  and  not  subject  to  suspension,  advocation,  reduction,  or  to 
any  form  of  review  or  stay  of  execution,  except  on  the  ground  of  cor- 
ruption or  malice  on  the  part  of  the  sheriff  or  justices,  in  which  case 
the  suspension,  advocation,  or  reduction  must  be  'jrought  within  four- 
teen drys  of  the  date  of  the  order,  decree,  or  sentence  complained  of: 
Provided  always,  That  no  stay  of  execution  shall  be  competent  to  the 
effect  of  prc^ventinf  immediate  execution  of  such  order,  decree,  or 
sentence. 

Sectioj>t  o43.  Such  i>f  the  general  provisions  with  respect  to  jurisdic- 
tion, procedure,  and  penalties  contained  in  this  act  as  are  not  inconsist- 
ent with  the  special  rules  hereinbefore  laid  down  for  the  conduct  of 
legal  proceedings  .^nd  the  recovery  of  penalties  in  Scotland,  shall,  so  far 
as  the  same  are  applicable,  extend  to  such  last  mentioned  proceedings 
and  penalties:  Provided  always.  That  nothing  in  this  act  contained 
shall  be  held  in  any  way  to  annul  or  restrict  the  common  law  of  Scot- 
land with  regard  to  the  prosecution  or  punishment  of  offences  at  the 
instance  or  by  the  direction  of  the  lord  advocate,  or  the  rights  of 


58 


FDR-SEAL   FISHERIES   IN  BERINGr   SEA. 


owners  or  creditors  in  regard  to  enforcing  a  judicial  sale  of  any  ship 
and  tackle,  or  to  give  to  the  High  Court  of  Adioiralty  of  England  any 
jurisdiction  in  respect  of  salvage  in  Scotland  wL  ich  it  has  not  hereto- 
fore had  or  exercised. 


Enactment  op  Mbeohant- Shipping  Act,  1876  (39  and  40  Vict.,  o. 

80.),  Applied. 

Section  34.  Where  under  the  merchant- shipping  acts,  1854  to  1876, 
or  any  of  them,  a  ship  is  authorized  or  ordered  to  be  detained,  any  com- 
missioned officer  on  full  pay  in  the  naval  or  military  service  of  Her 
Majesty,  or  any  officer  of  the  board  of  trade  or  customs,  or  any  British 
consular  officer  may  detain  the  ship;  and  if  the  ship,  after  such  deten- 
tion or  after  service  on  the  master  of  any  notice  of  or  order  for  such 
detention  proceeds  to  sea  before  it  is  released  by  competent  authority, 
the  master  of  the  ship,  and  also  the  owner,  and  any  person  who  sends 
the  ship  to  sea,  if  such  owner  or  person  be  party  or  privy  to  the  ottense, 
shall  forfeit  and  pay  to  Her  Majesty  a  penalty  not  exceeding  one  hun- 
dre'""  pounds. 

Where  a  ship  so  proceeding  to  sea  takes  to  sea  when  on  board  thereof 
in  the  execution  of  his  duty  any  officer  authorized  to  detain  the  ship, 
or  any  surveyor  or  officer  of  the  board  of  trade  or  customs,  the  owner 
and  master  of  the  ship  shall  eaeh  be  iia,61e  to  pay  all  expenses  of  and 
incidental  to  the  officer  or  surveyor  being  so  taken  to  sea,  and  also  a 
penalty  not  exceeding  one  hundred  pounds,  or,  if  the  offense  is  not 
prosecuted  in  a  summary  manner,  not  exceeding  ten  pounds  for  every 
day  until  the  officer  or  surveyor  returns,  or  until  such  time  as  would 
enable  him  after  leaving  the  ship  to  return  to  the  port  from  which  he 
is  taken,  and  such  expenses  may  be  recovered  in  like  manner  as  the 
penalty. 


BEHRIira  SEA  AWARD.    ORDER  IN  COUNCIL  1894. 
AT  THE  COTJBT  AT  WINDSOR,  THE  30TH  DAY  OF  APRIL,  1894. 

Present,  the  Queen's  Most  Excellent  Majesty,  Lord  President,  Lord 
Steward,  Earl  of  Chesterfield,  Lord  Chamberlain,  Sir  Charles  Russell, 
Sir  Frank  Lascelles. 

Whereas  by  "the  Behring  Sea  award  act,  1894,"  it  is  enacted  that 
Her  Majfesty  the  Queen  in  council  may  make  orders  for  carrying  into 
effect  the  provisions  of  the  Behring  Sea  arbitration  award  set  out  in 
the  fivst  schedule  to  that  act,  and  therein  referred  to  as  the  scheduled 
provisions: 

And  whereas  by  'he  said  act  it  is  also  enacted  that  an  order  in  coun- 
cil made  under  thr.t  act  may  provide  that  such  officers  of  the  United 
States  of  America,  of,  are  bpecifled  in  the  order  may,  in  respect  of  offences 


PUR-SEAL   FISHERIES   IN   BERING   SEA. 


59 


any  ship 
land  any 
t  hereto- 


ViOT.,  0. 

i  to  1876, 

any  coin- 

e  of  Her 

y  British 

ch  deten- 

r  for  snch 

authority, 

ivho  sends 

le  offense, 

f  one  hun- 

rd  thereof 
1  the  ship, 
the  owner 
ses  of  and 
and  also  a 
nse  is  not 
3  for  every 
i  as  would 
1  which  he 
ner  as  the 


)4. 

14. 

dent,  Lord 
is  Russell, 

acted  that 

Tying  into 

set  out  in 

scheduled 

er  in  coun- 
tbe  United 
of  offences 


under  that  act,  exercise  the  like  powers  under  that  act  as  may  be  exer- 
cised by  a  commissioned  olflcer  of  Her  Majesty  in  relation  to  a  British 
ship,  and  the  equipment  and  certificate  thereof,  or  such  of  those  powers 
as  appear  to  Her  Majesty  in  council  to  be  exercisable  under  the  laws  of 
the  United  States  of  America  against  ships  of  the  United  States, 
and  that  such  British  oflBcers  as  are  specified  in  the  order  may  exercise 
the  powers  conferred  by  that  act,  with  any  necessary  modifications 
specified  in  the  order,  in  relation  to  a  ship  of  the  United  States  of 
America  and  the  equipment  and  certificate  thereof; 

And  whereas  the  powers  which  article  1  of  this  order  confers  upon 
the  officers  of  the  United  States  therein  specified  are  powers  which,  in 
respect  of  offences  under  the  said  act,  may  be  exercised  by  a  commis- 
sioned oflBcerof  Her  Majesty  in  relation  to  a  British  ship  and  the  equip- 
ment and  certificate  thereof,  and  appear  to  Her  Majesty  in  council 
to  be  exercisable  under  the  law  of  the  United  States  against  ships 
of  the  United  States: 

Now,*  therefore,  Her  Majesty,  in  virtue  of  the  powers  vested  in  her 
by  the  said  recited  act,  and  of  all  other  powers  enabling  her  in  that 
behalf,  is  hereby  pleased,  by  and  with  the  advice  of  Her  Privy  Council, 
to  order,  and  it  is  hereby  ordered,  as  follows: 

1.  The  commanding  officer  of  any  vessel  belonging  to  the  naval  or 
revenue  service  of  the  United  States  of  America,  and  appointed  for  the 
time  being  by  the  President  of  the  United  States  for  the  purpose  of 
carrying  into  effect  the  powers  conferred  by  this  article,  the  name  of 
which  vessel  shall  have  been  communicated  by  the  President  of  the 
United  States  to  Her  Majesty  as  being  a  vessel  so  appointed  as  afore- 
said, may,  if  duly  commissioned  and  instructed  by  the  President  in  that 
behalf,  seize  and  detaiij  any  British  vessel  which  has  become  liable  to 
be  forfeited  to  Her  Majesty  under  the  provisions  of  the  recited  act,  and 
may  bring  her  for  adjudication  before  any  such  British  court  of  aCjii- 
i\lty  as  is  referred  to  in  section  103  of  "the  merchant  shipping  act, 
1864"  (which  section  is  set  out  in  the  second  schedule  to  the  recited 
act),  or  may  deliver  her  to  any  such  British  officer  as  is  mentioned  in 
the  said  section  for  the  purpose  of  being  dealt  with  parsnant  to  the 
recited  act. 

2.  The  comma»:ding  officer  of  any  vessel  belonging  to  the  naval  or 
revenue  service  of  Her  Majesty,  and  appointed  for  the  time  b'>ing  ly 
Her  Majesty  for  the  purpose  of  carrying  into  effect  the  powers  (con- 
ferred by  this  article,  the  name  of  which  vessel  shall  have  been  com- 
municated by  Her  Majesty  to  the  President  of  the  United  States  as 
being  a  vessel  so  appointed  as  aforesaid,  may,  if  duly  commise.ioned 
and  instriicted  by  Her  Majesty,  in  that  behalf,  exercise  the  powers 
conferred  by  the  recited  act  in  relation  to  a  ship  of  the  United  States : 
Provided  that  such  officer,  after  seizing  and  detaining  a  ship  of  the 
United  States  in  exercise  of  the  said  powers,  shall  take  her  for  adju- 
dication before  a  court  of  the  United  States  having  jurisdiction  to 


eo 


ttm-SfiAii  MSttERlES  IK  &ERmO  SEA. 


adjudicate  in  tbe  matter,  or  deliver  her  to  any  naval  or  revenue  officer 
or  other  authorities  of  the  United  States. 

3.  Until  arrangements  for  giving  further  effect  to  articles  4  and  7  of 
the  said  scheduled  provisions  shall  have  been  made  between  Her  Maj- 
esty and  the  Government  of  the  United  States,  the  following  provisions 
should  have  effect: 

{f.)  A  Secretary  of  State,  or  any  person  duly  authorized  by  him  for 
the  purpose,  may  grant  a  special  licence  in  such  form  and  manner  as 
he  may  think  lit  to  any  British  sailing  vessel  authorizing  such  vessel 
for  the  present  year  to  fish  for  fur  seals  during  the  period  of  time  in 
the  manner  and  in  the  waters  in  which  fur-seai  fishing  is  allowed  by 
the  recited  act,  and  until  tlie  delivery  of  such  special  licence  any 
British  sailing  vessel  which  before  the  date  of  this  order  has  left  port 
and  is  or  is  intended  to  be  employed  in  the  said  fishing  shall  be  deemed 
to  have  been  duly  authorized  and  duly  provided  with  a  special  licence 
within  the  meaning  of  the  said  article  4;  and  all  persons  on  board  any 
such  vessel,  which  is  or  is  deemed  to  have  been  provided  with  a*special 
licence,  shall  be  deemed  to  have  been  duly  authorized  to  engage  in  fur- 
seal  fishing  within  the  meaning  of  the  said  article  7. 

(6)  A  Secretary  of  State  may,  by  notice  published  in  the  "  London 
Gazette,"  prescribe  the  flag  to  be  used  by  such  British  vessels  as  are, 
or  shall  be,  authorized  to  fish  for  fur  seals  under  the  provisions  of  this 
order,  and  may  cause  one  such  flag  to  be  delivered  to  each  authorized 
vessel  which  has  left  port  before  receiving  a  special  licence;  and  every 
vessel  which  before  leaving  port  has  received  a  special  licence,  and 
every  authorized  vessel  to  which  such  flag  shall  have  been  delivered, 
shall  carry  such  flag  during  the  period  of  time  and  in  the  waters  in 
which  fur-seal  fishing  is  allowed  by  the  recited  act,  and  shall  hoist  it  at 
such  times  and  in  such  manner  as  may.  be  prescribed  by  such  notice. 

(o)  A  Secretary  of  State  may  give  such  further  provisional  directions 
as  he  may  deem  necessary  for  the  due  observance  of  the  provisions  of 
the  recited  act  and  this  order,  and  any  such  directions,  on  being  pub- 
lished in  such  manner  as  he  may  direct,  shall  be  observed  as  if  they 
were  contained  in  this  order. 

4.  This  order  may  be  cited  as  "  the  Behring  Sea  award  order  in 
council,  1894." 

And  the  Right  Honourable  the  Earl  of  Kimberley,  K.  G.,  the  Most 
Honourable  the  Marquis  of  Ripon,  K.  G.,  two  of  Her  Majesty's  Prin- 
cipal Secretaries  of  State,  and  the  Lords  Commissioners  of  the  Admi- 
ralty are  to  give  the  necessary  directions .  herein  as  to  them  may 
respectively  appertain. 

0.  L.  Peel. 


:}  ■■'> 


FUS-SEAL   FISHERIES   IN   BERING   SEA. 


61 


e  officer 

and  7  of 
ler  Maj- 
ovisions 

him  for 
tinner  as 
ih  vessel 
'  time  in 
owed  by 
nice  any 
left  port 
B  deemed 
1,1  licence 
oard  any 
a 'special 
ge  in  fur- 

"  London 
sis  as  are, 
ns  of  this 
uthorized 
and  every 
ence,  and 
delivered, 
waters  sn 
hoist  it  at 
1  notice, 
directions 
(Visions  of 
eing  pub- 
as  if  they 

order  in 

,  the  Most 
ity's  Prin- 
the  Admi- 
them  may 

I.  Pebl. 


BBHRIjNO  SEA  AWARD.    ORDER  IN  COUNCIL  (MO.  2),  1894. 
AT  THE  COUBT  AT  WDTDSOB,  TH£  2nH  DAY  OF  JUITE,  1894. 

Present,  the  Queen's  Most  Excellent  Mjyesty,  Earl  Spencer,  Lord 
Chamberlain,  Lord  Kensington. 

Whereas  by  "  the  Behriug  Sea  award  act,  1894,"  it  is  enacted  that 
Her  Majesty  the  Queen  in  council  may  make  orders  for  carrying  into 
effect  the  provisions  of  the  Behring  Sea  arbitration  award  set  out  in 
the  first  schedule  to  that  act,  and  therein  referred  to  as  the  scheduled 
provisions : 

And  whereas  by  article  3  of  "the  Behring  Sea  award  order  in  council, 
1894,"  Her  Majesty  ordered  that  until  arrangements  for  giving  further 
etteot  to  articles  4  and  7  of  the  said  scheduled  provisions  should  have 
been  made  between  Her  Majesty  and  tlie  Government  of  the  United 
States,  the  provisions  contained  in  that  article  should  have  effect; 

And  whereas  arrangements  have  been  made  for  giving  further  effect 
to  the  said  articles,  and  for  regulating  during  the  present  year  the  fish- 
ing for  fur  seals  in  accordance  with  the  said  scheduled  provisions;  and 
it  is  expedient  that  effect  should  be  given  to  those  arrangements  by 
an  order  in  council  under  the  said  act : 

Now,  therefore.  Her  Majesty,  in  virtue  of  the  powers  vested  in  her 
by  the  said  recited  act,  and  of  all  other  powers  enabling  her  in  that 
behalf  is  hereby  pleased,  by  and  with  the  advice  of  Her  Privy  Council, 
to  order,  and  it  is  hereby  ordered,  as  follows: 

1.  On  the  application  of  the  owner  of  any  British  sailing  vessel 
intended  to  be  employed  in  fur-seal  fishing  under  the  provisions  of  the 
recited  act,  a  Secretary  of  State  may,  if  satisfactory  evidejice  as 
required  by  the  said  article  7  has  been  given  by  such  owner  of  the  fit- 
ness of  the  men  to  be  employed  by  him  on  the  said  vessel  in  the  said 
fishing,  grant  a  special  licence  in  the  form  in  the  schedule  hereto, 
authorizing  that  vessel  for  the  present  year  to  fish  for  fur  seals  during 
the  period  in  the  manner  and  in  the  waters  in  which  fur-seal  fishing  is 
allowed  by  the  recited  act;  and  the  said  special  licence,  when  so  granted, 
shall  be  carried  on  board  the  said  vessel  at  all  times  while  so  employed. 

2.  Every  British  sailing  vessel  provided  with  a  special  licence  under 
this  order  or  the  recited  order,  or  which,  under  the  recited  order,  is 
deemed  to  have  been  so  provided,  shall  show  under  her  national  colours 
a  flag,  not  less  than  4  feet  square,  of  two  equal  triangular  pieces,  yel- 
low and  black,  joined  from  the  right  hand  upper  coruei  of  the  fly  to 
the  left-hand  lower  corner  of  the  luff,  the  part  above  and  to  the  left 
to  be  black,  and  the  part  to  the  right  and  below  to  be  yellow. 

3.  If,  in  the  case  of  any  vessel,  there  is  any  contravention  of  these 
regulations,  the  Secretary  of  State,  whether  any  penalty  has  been 
recovered  under  the  recited  act  or  not,  may  revoke  the  special  licence. 

4.  Article  3  of  the  recited  order  is  hereby  repealed,  without  prejudice, 
however,  to  any  authorization  given  thereunder. 


68 


FUR-SEAL   FISHEHIKr,   IN   BERING   SEA. 


5.  This  order  may  be  cited  as  ^'  the  Behring  ISea  award  order  in  council 
(No.  2),  1894,"  and  the  recited  order  and  this  order  may  together  be 
cited  as  "the  Behring  Sea  award  orders  in  council,  1894." 

And  the  Right  Honourable  the  Earl  of  Kiraberley,  K.  G.,  and  the 
Most  Honourable  the  Marquess  of  Kipon,  K.  G.,  two  of  Her  Majesty's 
principal  secretaries  of  state,  and  the  lords  of  the  admiralty  are  to 
give  the  necessary  directions  herein  as  to  them  respectively  appertain. 

0.  L.  Peel. 


SOHEUULE. 


FORM  OF  SPECIAL  LICENSE. 


Behring  8ea  award  act  1894;  Behring  Sea  award  orders  in  oouncilf  1894. 


SPECIAL  MCEM8R. 


Whereas  the  British  sailing  vessel 


is  intended  to  be  employed 


during  the  present  year  in  fishing  for  fur  seals  under  the  provisions  of 
"the  Behring  Sea  award  tvct,  1894;" 

And  whereas  A.  B.,  the  owner  (or  A.  B.  and  others,  owners)  of  the 
said  vessel  have  given  satisfactory  evidence  of  the  fitness  of  the  men 
who  are  to  be  employed  on  board  the  said  vessel  in  the  said  fishing: 

Now,  therefore,  in  pursuance  of  the  above-mentioned  act  and  orders 
in  council,  I  here^-y  authorize  the  said  vessel  for  the  present  year  to  be 
employed  in  fur-ser  1  fishing  during  the  period  of  time  in  the  manner 
and  in  the  waters  in  which  fur-seal  fishing  is  allowed  by  the  above- 
mentioned  act. 

This  special  license  is  subject  to  revocation  in  case  of  any  contraven- 
tion of  the  above-mentioned  act  or  orders  in  council. 

Given  under  my  hand  this day  of ,  1894. 

(Signed) , 

Secretary  of  State. 


-4 


}% 


m 


BBHRnra  sea  award,  order  in  council,  isss. 

AT  THE  CODBT  AT  OSBOBNE  HOUSE,  ISLE  OF  WIGHT,  THE  2ND  DAT  OF 

FEBBUAB7,  1895. 

Present,  the  Queen's  Most  Excellent  Majesty,  Lord  President,  Mar- 
quess of  Ripou,  Lord  Ohamberlain,  Lord  Kensington,  Mr.  Cecil  Rhodes. 

Whereas  by  "the  Behring  Sea  award  act,  1894,"  it  is  enacted  that 
Her  Majesty  the  Queen  in  Oouncil  may  make  orders  for  carrying  into 
efiect  the  provisions  of  the  Behring  Sea  arbitration  award  set  out  in 
the  first  schedule  to  that  act,  and  therein  referred  to  as  the  scheduled 
provisions; 

And  whereas  arrangements  have  been  made  between  Her  Majesty 
and  the  Government  of  the  United  States  for  giving  effect  to  articles 


FUR-BEAL   FISHERIES   IN   BERJNO   SEA. 


63 


council 
ther  be 

and  the 

ajesty's 

are  to 

pertain. 

?EEL. 


cil,  1894. 

ni  ployed 
isious  of 

i)  of  the 
the  lueu 
shiug : 
id  orders 
ear  to  be 
^  manner 
le  above- 

)ntraven- 


f  State. 
5. 

LT  OF 

lent,  Mar- 
il  Ehodes. 
icted  that 
rying  into 
set  out  in 
Hoheduled 


4  and  7  of  the  said  scheduled  provisions,  and  it  is  expedient  that  effect 
should  be  given  to  those  arrangements  by  ai:  order  in  council  under 
the  said  act : 

Now,  therefore,  Her  Majesty,  in  virtue  of  the  powers  vested  in  her 
by  the  said  recited  act,  and  of  all  other  powers  enabling  her  in  that 
behalf,  is  hereby  pleased,  by  and  with  the  advice  of  Her  Privy  Council, 
to  order,  and  it  is  hereby  ordered,  as  follows : 

1.  On  the  application  of  the  owner  or  master  of  any  British  sailing 
vessel  intended  to  be  employed  in  fui-seal  fishing  niidor  the  provisious 
of  the  recited  act,  a  secretary  of  state,  or  any  person  duly  authorized 
by  him  for  the  purpose,  may,  if  satisfactory  evidence  as  required  by 
the  said  article  7  has  been  given  by  such  owner  or  master  of  the  fitness 
of  the  men  to  be  employed  by  him  on  the  said  vessel  in  the  said  fishing, 
grant  a  special  licence  in  the  form  in  the  schedule  hereto,  authorizing 
that  vessel  (for  the  year  mentioned  in  the  licence)  to  flsh  for  fur  seals 
during  the  period  in  the  manner  and  in  the  waters  in  which  fur-seal 
fishing  is  allowed  by  the  recited  act;  and  the  said  special  licence,  when 
so  granted,  shall  be  carried  on  board  the  said  vessel  at  all  times  while 
so  employed. 

2.  Every  British  sailing  vessel  provided  with  a  special  licence  under 
this  order  shall  show,  under  her  national  colours,  a  flag,  not  less  than 
4  feet  square,  of  two  equal  triangular  pieces,  yellow  and  blaclc.  Joined 
from  the  right-hand  upper  corner  of  the  fly  to  the  left-hand  lower  corner 
of  the  lufi",  the  part  above  and  to  the  left  to  be  black,  and  the  part  to 
the  right  and  below  to  be  yellow. 

3.  If  in  the  case  of  any  vessel  there  is  any  contravention  of  these 
regulations  a  secretary  of  state,  or  any  person  duly  authorized  by  him 
for  the  purpose,  whether  any  penalty  has  been  recovered  under  the 
recited  act  or  not,  may  revoke  the  special  licence,  whether  the  same  was 
granted  by  a  secretary  of  state  or  by  such  person. 

4.  This  order  may  be  cited  as  "  the  Behring  Sea  award  order  in 
council,  1895,"  and  "the  Behring  Sea  award  order  in  council,  1894," 
and  this  order  may  together  be  cited  as  "the  Behring  Sea  award 
orders  in  council,  1894  and  1895." 

And  the  Right  Honourable  the  Earl  of  Kimberley,  K.  G.,  and  the 
Most  Honourable  the  Marquess  of  liipon,  K.  G.,  two  of  Her  Majesty's 
principal  secretaries  of  state  and  the  lords  of  the  admiralty  are  tc  give 
the  recessary  directions  herein  as  to  them  respectively  appertain. 

And  whereas  the  immediate  operation  of  this  order  is  urgent,  this 

order  shall  come  into  operation  forthwith. 

C.  L.  Feel. 


r  Majesty 
to  articles 


64 


FUR-SEAL   FISHERIES   IN   UERINQ   SEA. 


SOIIEDULB. 


FOBM  OF  SFEOIAL  LIOENSB. 


ii 
h  ,1 1'l 


I,  >  h 


'>    'i 


■ft",  I 

|i 

1*1    I 


The  Behring  Sea  award  act,  1891;  the  Behring  Sea  award  order  in 

oouncilf  1895, 


SPECIAL  LICENSE. 


"Whereas  the  British  sailing  vessel is  intended  to  be  employed 

in  fishing  for  fur  seals  under  the  provisions  of  "the  Behring  Sea  aw  ud 
actj  1894." 

And  whereas  satisfactory  evidence  of  the  fitness  of  the  men  who  are 
to  be  employed  on  board  the  said  vessel  in  the  said  fishing  has  been 
given  by  A.  B.,  the  owner  [or  A.  B,  and  others,  owners,  or  0.  D.,  the 
master]  of  the  said  vessel. 

[And  whereas  I  (name  and  descrij)tiou)  have  been  duly  authorized 
by  a  secretary  of  state  to  grant  special  licences  under  the  provisions  of 
the  above-mentioned  act  and  order  in  council.] 

Now,  therefore,  in  pursuance  of  the  above-mentioned  act  and  oriic;  'l 
council,  I  hereby  authorize  the  said  vessel  for  the  year  [eighteen  hun 
dred  and  ninety-five,  or  as  the  case  may  be]  to  be  employed  in  fur-seal 
fishing  during  the  period  of  time,  in  the  manner  and  in  the  waters  in 
which  fhr-seal  fishing  is  allowed  by  the  above-mentioned  act. 

This  special  licence  is  subject  to  revocation  in  case  of  any  contraven- 
tion of  the  above-mentioned  act  or  order  in  council. 

Given  under  my  hand  this day  of  — — — ,  189— . 

(Signed)  . 


8EAI  FISHEBIE8  (NOBTH  PACIFIC)  ACT,  1895. 

Chapter  21. — An  act  to  i)rovido  for  prohibiting  the  catching  of  seals  at  certain 
periods  in  Behring  Sea  and  other  parts  of  the  Pacific  Ocean  a<ljacent  l.o  Behring 
Sea,  and  for  regulating  the  seal  fisheries  in  those  soas.     (27th  June,  1895.) 

Whereas  it  is  expedient  to  repeal  the  seal  fishery  (North  Pacific)  act, 
1893,  and  to  reenact  it  with  amendments; 

Be  it  therefore  enacteil  by  the  Queen's  Most  Excellent  Majesty,  by 
and  with  the  advice  and  consent  of  the  Lords  Spiritual  and  'Temporal, 
and  Commons,  in  this  present  Parliament  assembled,  and  by  the  author- 
ity of  the  same,  as  follows: 

1.  (1)  Her  Majesty  the  Queen  may,  by  order  in  council,  prohibit, 
during  the  period  specified  in  the  order,  the  catching  of  seals  by  British 
ships  in  such  parts  of  the  seas  to  which  this  act  applies  as  are  specified 
in  the  order. 

(2)  While  an  order  in  council  under  this  act  is  In  force — 

[d)  A  person  belonging  to  a  British  ship  shall  not  kill,  take,  or  hunt, 
or  attempt  to  kill  or  take,  any  seal  during  the  period  and  within  the  seas 
specified  in  the  order;  and 


FUB-8EAT    FISHEB1E8  IN   BERING   SB  A. 


65 


{b)  A  British  ship  shall  not,  nor  shall  any  of  the  equipment  or  orew 
thereof,  be  used  or  employed  in  such  killing,  taking,  hunting,  or 
attempt. 

(3)  If  there  is  any  contravention  of  this  section,  any  person  commit- 
ting, procuring,  aiding  or  abetting  such  contravention  shall  be  guilty 
of  a  misdemeanor  within  the  meaning  of  the  merchant  shipping  act, 
1894,  and  the  ship  and  her  equipment  and  everything  on  board  thereof 
shall  be  subject  to  forfeiture  to  Her  Mt^jesty. 

2.  (1)  Her  Majesty  the  Queen  may  by  order  in  council  make,  as 
respects  such  parts  of  the  seas  to  which  this  act  applies  as  are  specified 
in  the  order,  regulations — 

(a)  For  entering  in  the  official  log  of  a  ship  particulars  respecting 
the  hunting,  killing,  and  taking  of  seals,  and 

{b)  For  regulating  the  hunting  and  taking  of  seals,  with  power  to 
inrohibit  or  restrict  the  use  therein  of  any  particular  kind  of  vessels, 
methods,  or  implements. 

(2)  If  there  is  any  contravention  of  any  such  regulation  any  i)erson 
who  eoounitted,  procured,  aided,  or  abetted  such  contravention  shall  be 
liable  to  a  fine  not  exceeding  one  hundred  pounds. 

(3)  If  the  regulations  under  this  section  provide  for  the  entry  of  par- 
ticulars in  the  official  log  of  a  ship,  the  provisions  of  the  merchant 
shipping  act,  1894,  with  reference  to  official  logs  (including  the  penal 
provisions),  shall  apply  to  every  ship  engaged  in  seal  iisliing  within 
such  of  the  seas  to  which  this  act  applies  as  are  specified  in  the  order. 

3.  (1)  Any  offence  or  fine  under  this  act  may  be  prosecuted  or  recov- 
ered in  like  manner  as  if  it  were  an  offence  or  fine  under  the  merchant 
shipping  act,  1894. 

(2)  For  the  purpose  of  the  forfeiture  of  any  ship  under  this  act,  sec- 
tion seventy-six  of  the  merchant  shipping  act,  1894,  shall  apply. 

(3)  Where  any  commissioned  officer  on  full  pay  in  the  naval  service 
of  Her  Majesty  the  Queen  has  reasonable  cause  to  believe  that,  during 
the  period  and  in  the  seas  specified  in  an  order  in  council  under  this 
act,  any  British  ship  has  been  used  or  employed  in  contravention  oi 
this  act,  or  of  any  regulation  made  thereunder,  he  may  stop  and  exam- 
ine her,  and  detain  her  or  any  portion  of  her  equipment  or  any  of  her 
crew,  and  may  seize  the  ship's  certificate  of  registry. 

(4)  For  carrying  into  effect  an  arrangement  with  any  foreign  State, 
an  ord^r  in  council  under  this  act  may  provide  that  the  powers  under 
this  act  of  such  commissioned  officer  may,  subject  to  any  limitations, 
conditions,  modifications,  and  exceptions  specified  in  the  order,  be  exer- 
cised in  relation  to  a  British  ship  and  the  equipment,  crew,  and  certifi- 
cate thereof  by  such  officers  of  the  said  foreign  state  as  are  specified 
in  the  order,  or  in  relation  to  a  ship  of  the  said  foreign  state  and  the 
equipment,  crew,  and  papers  thereof  by  such  British  officers  as  are  speci- 
fied in  the  order. 

4.  (1)  Where  an  officer  has  power  under  this  act  to  seize  a  ship's 

14568 6 


1 


66 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


m 


¥  < 


r 


certificate  of  I'egistry,  he  may,  subject  to  the  directions  of  an  order 
in  council  "n<ler  this  act,  eiti>er  retain  the  PCxCiflcate  and  give  a  pro- 
visional certiticate  in  lieu  thereof,  o^  return  the  certificate  with  an 
indcrsement  of  the  grounds  on  which  it  was  seized ;  and  in  either 
case  may,  if  the  b'  ip  appcirs  to  him  to  be  liable  to  forfeiture,  direct 
the  ship,  by  an  addition  pj  the  provisional  certificate  or  to  the  indorse- 
ment, to  proceed  forthwith  to  a  specified  port,  being  a  port  where  there 
is  a  British  court  having  authority  to  adjudicate  in  the  matter,  and 
if  this  direction  is  not  complied  with,  the  owner  and  master  of  the  ship 
shall,  without  prejudice  to  any  other  liability,  each  be  liable  to  a  fine 
not  exceeding  one  hundred  pounds. 

(2)  Where  in  pursuance  of  this  Hwction  a  provisional  certificate  is 
given  to  a  ship,  or  the  ship's  certificate  is  indorsed,  any  oflicer  of  cus- 
toms in  Her  Majesty's  dominions  or  British  consular  officer  may 
detain  the  ship,  until  satisfactory  security  is  given  for  her  appearance 
in  any  legal  proceedings  which  may  be  taken  against  her  in  pur- 
suance of  tliis  act. 

5.  (1)  A  statement  in  writing,  purporting  to  be  signed  by  an  officer 
having  power  in  pursuance  of  this  a-?t  to  stop  and  examine  a  ship,  as 
to  the  circumstances  under  which  or  grouncis  on  which  he  stopped  and 
examined  the  ship,  shall  be  admissible  in  any  proceedings,  civil  or 
criminal,  as  evidence  of  the  facts  or  matters  therein  stated. 

(2)  If  evidence  contained  in  any  such  statement  was  taken  on  oath 
in  the  presence  of  the  person  charged  in  the  evidence,  and  that  person 
had  an  opportunity  of  cross-examiniug  the  person  giving  the  evidence 
and  of  making  iiis  reply  to  the  evidence,  the  officer  making  the  state- 
ment may  certify  that  nhe  evidence  was  so  taken,  and  that  there  was 
such  opportunity  a*  aforesaid. 

6.  (1)  Her  Majesty  tiie  Queen  in  council  may  make,  revoke,  and  alter 
orders  for  the  purp  )se  of  this  act,  and  every  such  order  shall  be  forth- 
with laid  before  both  Bx>uses  of  Parliaiueut  and  published  in  the  Lon- 
don Gazette. 

(2)  Any  such  order  may  contain  any  limitations,  conditions,  modifi- 
cations, and  exceptions  which  appear  to  Her  Majesty  in  council 
expedient  for  cairymg  into  eifect  the  object  of  this  act. 

7.  (1)  This  act  shall  apply  to  the  animal  known  as  the  fur  seal,  and 
to  any  marine  animal  specified  in  that  behalf  by  an  order  in  council 
under  this  act,  and  the  expression  '-seal "  in  this  act  shall  be  construed 
accordingly. 

(2)  This  act  shall  ipply  to  the  seas  within  that  part  of  the  Pacific 
Ocean  known  as  Behring's  Sea.  and  within  such  other  parts  of  the 
Pacific  OcHan  as  are  north  of  the  Ibrty-second  parallel  of  north  latitude, 
and  shall  mo  in  addition  to  and  not  in  derogation  of  the  provisions  of 
the  liehring  Sea  awartl  act,  1894. 

(3)  The^xpressiou  "  t^quipment ''  in  this  act  includes  any  boat,  tackle, 
fishing  or  shooting  instruments,  and  other  things  belonging  to  a  ship. 


PUR-8EAL   FISHERIES   IN   BERING   SEA. 


67 


(4)  This  act  may  be  cited  as  the  seal  fisheries  (North  Pacific)  act, 
1895. 

(5)  The  seal  fishery  (IfTorth  Pacific)  act,  1893,  is  hereby  repealed  as 
from  the  passing  of  this  act,  but  shall  be  deemed  until  that  passing  to 
have  continued  in  force,  and  any  order  in  council  in  force  under  that 
act  shall  continue  as  if  it  had  been  made  in  pursuance  of  this  act. 

(6)  This  act  shall  remain  in  force  until  the  thirty-first  day  of  Decem- 
ber, one  thousand  eight  hundred  and  ninety-seven,  and  no  longer  unless 
continued  by  Parliament. 


SEAL  FISHBRmS  (NORTH  PACIFIC)  ORDER  IN  COUNCIL  1895. 

AT  THE  COTIBT  AT  OSBOBNE  HOUSE,  ISLR  OF  WIGHT,  THE  24TH  SAT  OF 

AUGUST,  1885. 

Present,  the  Queen's  Most  Excellent  Majesty,  Marquess  of  Salisbury, 
Earl  of  Coventry,  Lord  Arthur  Hill. 

Whereas  by  "the  seal  fisheries  (North  Pacific)  act,  1895," it  is  enacted 
that  Her  Majesty  the  Queen  may  by  order  in  council  prohibit,  during 
the  period  specified  by  the  order,  the  catching  of  seals  by  British  ships 
in  such  parts  of  the  seas  to  which  that  act  applies  as  are  specified  by 
the  order ;  and  that  for  carrying  into  eftect  an  arrangement  with  any 
foreign  State  an  order  in  council  may  provide  that  the  powers  under 
the  act  of  any  t-ommissioned  oflBcer  on  full  pay  in  the  naval  service  of 
Her  Majesty  the  Queen  may,  subject  to  any  limitations,  conditiunu, 
modifications,  and  exceptions  specified  in  the  order,  be  exercised  in 
relation  to  a  British  ship,  and  the  equipment,  crew,  and  certificate 
thereof,  by  such  officers  of  the  said  foreign  State  as  are  specified  in  the 
order,  and  that  any  such  order  may  contain  any  limitations,  conditions, 
modifications,  and  exceptions  which  ai)pear  to  Her  Majesty  in  council 
expedient  for  carrying  into  eflfect  the  object  of  ^hat  act ; 

And  whereas  the  said  act  applies  to  the  seas  within  that  part  of  the 
Pacific  Ocean  known  as  Behring  Sea,  and  within  such  other  parts  of 
the  North  Pacific  Ocean  as  are  north  of  the  forty-second  parallel  of 
north  latitude  ; 

And  whereas  an  arrangement  has  been  made  between  Her  Majesty 
the  Queen  and  His  Majesty  the  Emperor  of  Russia  whereby  British 
ships  engaged  in  hunting  seals  within  such  parts  of  the  said  seas  as 
are  hereinafter  specified  may  be  seized  by  Russian  cruisers: 

Now,  therefore.  Her  Majesty,  in  virtue  of  the  powers  vested  in  her 
by  the  said  recited  act,  and  of  all  other  powers  enabling  her  in  that 
behalf,  is  hereby  pleased,  by  and  with  the  advice  of  her  privy  council, 
to  order,  ard  it  is  hereby  ordered,  as  follows : 

1.  From  and  after  the  date  of  the  present  order,  until  Her  Majesty  in 
coundl  shall  otherwise  direct,  the  catching  of  seals  by  British  ships  is 
hereby  prohibited  within  suoh  parts  of  the  seas  to  which  the  recited 


68 


FUR-S£AL  FISHEBIEB   IN   BERING  SEA. 


aet  applies  as  are  comprised  within  the  following  zones  (in  tiiis  order 
referred  to  as  "the  prohibited  zones"),  that  is  to  say: 

(1)  A  zone  of  ten  marine  miles  on  all  the  Bnssian  coasts  of  Behrinf; 
S^ea  and  the  North  Pacific  Ocean;  and 

(2)  A  zone  of  thirty  marine  miles  round  the  Kormandorsky  Islands 
and  Tnl^new  (Bobben  Island). 

2.  The  powers  nndor  thei  recited  act  of  a  commissioned  officer  on  fnll 
pay  in  the  naval  serxdee  of  Her  M^esty  may  be  exercised  in  relation 
to  a  British  ship,  and  the  equipment,  crew,  and  certificate  thereof,  by 
the  captain  or  other  officer  in  command  of  any  war  vessel  of  His  Maj- 
esty the  Emperor  of  Eussia  (hereinafter  referred  to  as  an  "authorized 
EaaflHun  offieer"),  bict  8nbj<dct  to  the  limitations,  conditions,  modifica- 
tions, and  exceptions  following,  that  is  to  say : 

(1)  The  said  powers  shall  not  be  exercised  by  an  authorized  Russian 
ofiQcer,  except  in  relation  to  British  ships  engaged  in  hunting  seals 
witfaisi^hnr  of  tiie  prohibited  zones. 

(2)  A  British  ship  shall  not  be  liable  tc  oeizure  or  detention  by  an 
anthorized  Bnssian  officer  by  reason  of  the  contravention  of  any  regu- 
lations made  under  section  2  of  the  recited  act. 

(3)  The  powers  nnder  section  3  of  the  recited  act  of  detaining  any 
portion  of  the  equipment  or  any  of  the  crew,  and  the  powers  under 
section  4  of  giving  a  provisional  certificate  in  iieu  of  a  ship's  certificate 
which  is  seized  and  retained,  or  of  indorsing  on  a  certificate  the  grounds 
OB  which  it  was  seized,  and  of  directing  the  ship  to  proceed  forthwith 
to  a  specified  port,  shall  not  be  exercised  in  relation  to  a  British  sh^ 
by  an  authorized  Eupsian  officer. 

(4)  Where  an  authorized  Russian  officer  in  exercise  of  the  said  pow- 
ers stops  and  examines  and  detains  a  British  ship  or  her  certificate  of 
registry,  he  shall  as  soon  as  possible  hand  over  the  ship,  or  deliver 
or  transmit  the  certificate,  as  the  case  may  be,  either  to  the  command- 
ing officer  of  a  British  cruiser  or  to  the  nearest  British  authority,  as 
defined  by  this  order,  and  shall  then,  or  within  a  reasonable  tiiie  there- 
after, satisfy  f<iich  officer  or  authority  that  there  were  reasonable  grounds 
for  the  detention  or  seizure,  and  that  the  case  is  proper  to  be  adjudi- 
cated in  a  British  court,  and  also  furnish  to  such  officer  or  authority  the 
evidence  sufficient,  in  the  opinion  of  such  offitjer  or  autliority,  for  such 
adjudication;  and  if  the  said  Russian  officer  fails  to  satisfy  such  officer 
or  authority,  or  to  furnish  to  such  officer  or  authority  sncii  sntlicient 
evidence  as  aforesaul,  the  said  officer  or  authority  may  release  the  ship. 

3.  (I)  Where  the  commanding  officer  of  a  British  cruiser  receives  a 
British  ship  from  an  authorized  Russian  officer,  and  is  sativstied  that 
there  were  reasonable  groundK  for  the  detention  or  seizure,  and  that 
the  case  is  pro])er  to  be  adiudi(;atod  in  a  British  court,  he  may  exercise 
the  powers  coulerred  by  section  4  of  the  recited  a<!t  us  if  he  lia,d  him 
self  sto]>pod  and  examined  and  detained  the  ahip,  and  that  section 
sbaU  apply  accordingly. 


PUR-SEAL   FISHERIES   IN   BERING   SEA. 


69 


(2)  Where  the  cotnmandiug  officer  of  a  British  cruiser,  or  a  British 
authority,  receives  a  British  ship  from  an  authorized  Bussian  officer, 
and  sends  the  case  for  adjudication  in  a  British  court,  he  shall,  for  the 
purposes  of  section  76  of  "The  merchant  shipping  act,  1894,"  be  deemed 
to  have  himself  seized  or  detained  the  said  ship. 

4.  For  the  purposes  of  this  order,  the  expression  "British  authority" 
means  anyoflBcer  of  customs  in  Her  Majesty's  dominioos  and  any  Brit- 
ish consular  officer  having  authority  as  such  in  any  port  or  place. 

6.  "The  seal  fishery  (North  Pacific)  order  in  council,  1894,"  is  hereby 
revoked,  without  prejudice  to  anything  done  or  suflFered  under  that 
order. 

6.  This  order  may  be  cited  as  "The  seal  fisheries  (North  Pacific) 
order  in  council,  1895." 

And  the  Most  Honourable  the  Marquess  of  Salisbury,  K.  G.,  and  the 
Bight  Honourable  Joseph  Camberlain,  two  of  Her  Majesty's  principal 
secretaries  of  state,  and  the  lords  commissioners  of  the  admiralty  are  to 
give  the  necessary  directions  herein  as  to  them  respectively  appertain. 

And  whereas  the  immediate  operation  of  this  order  is  urgent,  this 
order  shall  come  into  operation  forthwith,  and  shall  be  a  provisional 
order  within  the  meaning  of  the  rules  publication  act,  1893. 

0.  L.  Pesl. 


SEAL  FISHERIES  (NORTH  PACIFIC)  ORDER  IN  COUNCIL  189S. 
AT  THE  COUBT  AT  WINDSOS,  THS  21ST  DAT  OF  VOVEMBEB,  1898. 

Present,  The  Queen's  Most  Excellent  Majesty,  Lord  President,  Lord 
Privy  Seal,  Marquess  of  Lansdowne. 

Whereas  by  the  "The  seal  fisheries  (North  Pacific)  act,  1896,"  it  is 
enacted  that  Her  Majesty  the  Queen  may  by  order  in  council  prohibit, 
during  the  period  specified  by  the  order,  the  catching  of  seals  by  Brit- 
ish ships  in  such  parts  of  the  seas  to  which  that  act  applies  as  are 
specified  by  the  order;  and  that  for  carrying  into  effect  an  arrange- 
ment with  any  foreign  State  an  order  in  council  may  provide  that  the 
powers  under  the  act  of  any  commissioned  oflicer  on  full  pay  in  the 
naval  service  of  Her  Majesty  the  Queen  may,  subject  to  any  limitations, 
conditions,  modifications,  and  exceptions  specified  in  the  order,  be 
exercised  in  relation  to  a  British  ship,  and  the  equipment,  crew,  and 
certificate  thereof,  by  such  offices  of  the  said  foreign  State  as  are  spec- 
ified in  the  order,  and  that  any  such  order  may  contain  any  limitations, 
conditions,  modifications,  and  exceptions  which  appear  to  Her  Majesty 
in  council  expedient  for  carrying  into  eflfect  the  object  of  that  act; 

And  whereas  the  said  act  applies  to  the  seas  within  that  part  of  the 
Pacific  (.)cean  known  as  Buhring  Sea,  and  within  such  other  parts  of 
the  North  Pacific  Ocean  as  are  north  of  the  furty-second  parallel  of 
north  latitude; 


70 


FUR-SEAL   FISHERIES   IN   BERING   SEA. 


And  whereas  an  arrangement  has  been  made  between  Her  Majesty 
the  Queen  and  Hid  Majesty  the  Emperor  of  Russia  whereby  British 
ships  engap;ed  in  hunting  seals  within  such  parts  of  the  siiid  seas  as  are 
hereini\fteT  specified  may  be  seized  by  Russian  cruisers; 

And  whcieas  Her  Majesty  was  pleased,  by  and  with  the  advice  of 
Her  Privy  Council,  on  the  24th  day  of  August,  1895,  to  make  an  order 
in  council  as  a,  provisional  order  within  the  meaning  of  the  rules  publi- 
cation act,  1893; 

And  whereas  the  provisions  of  the  rules  publication  act,  1893,  have 
been  complied  with : 

Now,  thereforb,  Her  Majesty,  in  virtue  of  th(;  powers  vested  in  her 
by  the  said  iratrecited  act,  ctnd  of  all  other  powers  enabling  her  in 
that  behalf,  is  hereby  pleased,  by  and  with  the  advice  of  Her  Privy 
Council,  to  order,  and  it  is  hereby  ordered,  as  follows : 

1.  Fiom  auu  after  the  date  of  the  present  order,  until  Her  Majesty 
in  council  shall  otherwise  direct,  the  catching  of  seals  by  British  ships 
is  hereby  prohibited  within  such  parts  of  the  seas  to  which  the  recited 
act  applies  as  are  comprised  within  the  following  zones  (in  this  order 
referred  to  as  "the  prohibited  zones"),  that  is  to  say: 

( 1 )  A  zone  of  ten  marine  miles  on  all  the  Russian  coasts  of  Behriug 
Sea  and  the  North  Pacific  Ocean;  and 

(2)  A  zone  of  thirty  marine  miles  round  the  Kormandorsky  Islands 
and  Tul6new  (Robben  Island). 

2.  The  powers  under  the  recited  act  of  a  commissioned  officer  on  full 
pay  in  the  naval  service  of  Her  Majesty  may  be  exerciBed  in  relation 
to  a  British  ship,  and  the  equipment,  crew,  and  certificate  thereof,  by 
the  capt-^^in  or  other  officer  in  command  of  any  war  vessel  of  His 
Majesty  the  Emperor  of  Russia  (hereinafter  referred  to  as  an  "author- 
ized Russian  officer"),  but  subject  to  the  limitations,  conditions,  modi- 
fications, and  exceptions  following,  that  is  to  say: 

(1)  The  said  powers  shall  not  be  exercised  by  an  authorized  Russian 
officer,  except  in  relation  to  British  ships  engaged  in  hunting  seals 
within  either  of  the  prohibited  zones. 

(2)  A  British  ship  shall  not  be  liable  to  seizure  or  detention  by  an 
authorized  Russian  officer  by  reason  of  the  contravention  of  any  regu- 
lations made  under  section  2  of  the  r&cited  act. 

(3)  The  powers  under  section  3  of  the  recited  act  of  detaining  any 
portion  of  the  equipment  or  nny  of  the  crew,  and  the  powers  under 
section  4  of  giving  a  provisional  certifi<;ate  in  lieu  of  a  ship's  certificate 
which  is  seized  and  retained,  or  of  indoisiiig  on  a  certificate  the  grounds 
on  which  it  was  seized,  and  of  directing  tlie  ship  to  proceed  forthwith 
to  a  specified  port,  sliall  not  be  exercised  in  relation  to  a  British  ship 
by  an  authorized  Russian  ofiicer. 

(4)  Where  an  authorized  Russian  officer  in  exercise  of  the  said  pow- 
ers stops  and  examines  and  detains  a  British  ship  or  her  certificate  of 
registry,  he  shall,  as  soon  as  possible,  hand  over  the  ship  or  deliver  or 
transmit  the  certificate,  ckS  the  case  may  be,  either  to  the  commanding 


FUB-SEAL   FISHERIES   IN   BERING   SEA. 


71 


officer  of  a  British  cruiser  or  to  the  nearest  British  authority,  as  defined 
by  this  order,  and  shall  then,  or  within  a  reasonable  time  thereafter, 
satisfy  such  officer  or  authority  that  there  were  rea.sonable  grounds  for 
the  detention  or  seizure,  and  that  the  case  is  proper  to  be  adjudicated 
iii  a  Biitish  court,  and  also  furnish  to  such  officer  or  authority  the  evi- 
dence sufficient,  in  the  opinion  of  such  officer  or  authority,  for  such 
adjudication;  and  if  the  said  Eussian  officer  fails  to  satisfy  such  officer 
or  authority,  or  to  furnish  to  such  officer  or  authority  such  sufficient  evi- 
dence, as  aforesaid,  the  said  officer  or  authority  may  release  the  ship. 

3.  (1)  Where  the  commanding  officer  of  a  British  cruiser  receives  a 
British  ship  from  an  authorized  Russian  officer,  and  is  satisfied  that 
there  were  reasonable  grounds  for  the  detention  or  seizure,  and  that 
the  case  is  proper  to  be  a(\jui!icated  in  a  British  court,  he  may  exercise 
the  powers  conferred  by  section  4  of  the  recited  act  as  if  he  had  him- 
self stopped  and  examined  and  detained  the  ship,  and  that  section 
shall  apply  accordingly. 

(2)  Where  the  commanding  officer  of  a  British  cruiser,  or  a  British 
authority,  receives  a  British  ship  from  an  authorized  Russian  officer, 
and  sends  the  case  for  adjudication  in  a  British  court,  he  shall,  for  the 
purposes  of  section  76  of  "the  merchant  shipping  act,  18'J4,"  be 
deemed  to  have  himself  seized  or  detained  the  said  ship. 

4.  For  the  purposes  of  this  order  the  expression  "British  authority" 
means  any  officer  of  customs  in  Her  Majesty's  dominions  and  any  Brit- 
ish consular  officer  having  authority  as  such  in  any  port  or  place. 

5.  "The  seal  fishery  (North  Pacific)  order  in  council,  1894,"  is  hereby 
revoked,  without  prejudice  to  anything  done  or  suffered  under  that 
order. 

6.  This  order  may  be  cited  as  "the  seal  fisheries  (North  Pacific)  order 
in  council,  1895." 

And  the  Most  Honourable  the  Marquess  of  Salisbury,  K.  G.,  and  the 

Right  Honourable  Joseph  Chamberlain,  two  of  Her  Majesty's  principal 

secretaries  of  state,  and  the  lords  commissioners  of  the  admiralty, 

are  to  give  the  necessary  directions  herein  as  to  them  respectively 

appertain. 

0.  L.  Peel. 


reoulatioirs  oovebnuro  vesslils  employed  hi  sea-otteb  hitmtino  dubino 
the  season  of  1896,  xtkder  revised  statutes,  sectioit  j966,  akd  act  of 
c0n0be88  apfkoved  febbuabt  21,  1883. 

Treasury  Department, 
Office  of  the  Secretary, 

Washington,  D.  0.,  Ajn-il  P9, 1896. 

Article  I. 

Every  vessel  employed  in  sea-otter  hunting,  or  in  transporting  sea- 
otter  par  ies,  shall  have  in  addition  to  the  papers  now  required  by  law 
a  special  clearance  and  license. 


1 


tm 


72 


FUB-SEAL   FISHERIES   IN  UERINQ   SEA. 


Article  II. 

Ko  vessels  propelled  by  steam  sball  be  employed  in  sea-otter  hunting 
within  territorial  waters — that  is,  within  three  miles  of  the  shore — or 
for  the  purpose  of  transporting  seaotter  hunting  parties  within  said 
territorial  waters.  Only  sailing  vessels  and  boats  propelled  by  oars 
or  paddles  shall  be  so  employed. 

Article  in. 

The  master  of  any  vessel  having  on  board  skins  of  sea  otter,  mink, 
marten,  sable,  fur  seal,  or  other  fur- bearing  animals,  shall,  before  unlad- 
ing the  same,  report  to  the  collector  of  customs  at  the  first  port  of 
arrival  of  his  vessel  in  the  United  States,  aind  shall  file  a  manifest  in 
detail  of  such  skins  with  said  collector. 

Article  IV. 

Masters  of  vessels  failing  to  comply  with  these  regulations  will  be 
considered  to  have  violated  the  provisions  of  Section  1956  of  the  Re- 
vised Statutes,  hereinafter  annexed,  and  will  be  liable  to  the  penalty 
described  therein. 

Sec.  1956.  No  person  shall  kill  any  otter,  mink,  marten,  sable,  or  fur  seal,  or  other 
ftir- bearing  animal  within  the  limits  of  Alaska  Territory,  or  in  the  waters  thereof; 
and  every  person  guilty  thereof  shall,  for  each  otfeiise,  be  lined  not  less  than 
two  hnndred  nor  more  than  one  thonsand  dollars,  or  imprisoned  not  more  than 
Biz  months,  or  both;  and  all  vessels,  their  tackle,  apparel,  furniture,  and  cargo, 
found  engaged  in  violation  of  this  section  shall  be  forfeited;  but  the  Secretary  of 
iho  Treasury  shall  have  power  to  authorize  the  killing  of  any  such  mink,  marten, 
sable,  or  other  fur-bearing  animal,  except  fur  Reals,  under  such  regulivtion  as  lie  may 
prescribe;  and  it  shall  be  the  duty  of  the  Secretary  tc  prevent  the  killing  of  any 
f\ir  seal,  and  to  provide  for  the  execution  of  the  provisions  of  this  section  until  it 
is  otherwise  provided  by  law;  nor  shall  he  grant  any  special  privileges  under  this 
section. 

Article  V. 

It  will  be  the  duty  of  ^Jne  officers  of  the  United  States  who  may  be 
in  localities  where  sea  otter  are  taken,  or  who  may  have  knowledge  of 
any  such  offense  having  been  committed,  to  take  all  proper  measures 
to  entbrce  the  penalties  of  the  law. 

Article  VI. 

Vessels  which  have  cleared  in  good  faith  for  sea-otter  hunting  prior 
to  the  issuance  of  these  regulations  shall  not  be  seized  for  a  breach 
tliereof  made  in  good  faith,  without  knowledge  of  said  regulations. 
Masters  of  said  vessels  shall,  however,  be  warned  by  the  United  States 
oificers  charged  with  the  enforcement  of  these  regulations,  and  shall 
be  given  a  copy  thereof. 

Article  VII. 

The  foregoing  regulations  are  intended  to  apply  only  xo  the  season  of 
1896. 

J.  Or.  Oarlisls,  Secretary, 


IKDEX. 


Aotoof  Congrem:  V«|t. 

Bevised  Statotes,  seotion  1956 1 

March  2, 1889,  relating  to  salmon  fisheries 3,35 

February  21,  1893,  extending  section  1956,  Bevised  Statutes,  to  North 

Pacific U 

April  6,  1894,  giving  effect  to  award 14 

Penalty  thereunder 26 

Penalty  extended  to  citizens  of  the  United  States 32 

Proclamation  of 28-31 

Bales  and  regulations  thereunder 33-34 

April  24, 1894,  amending  section  1,  act  of  April  6,  1894 31-32 

June  6, 1894,  supplementary  to  act  of  April  6,  1894,  extending  penalties  to 

citizens  of  the  United  States 32-33 

Acts  of  Parliament  and  orders  in  council 37-71 

1891.  "8ealfi8hing(Behring'8  8ea),  actof  1891" 37-38 

Penalty  thereunder 37 

Bepealed 48 

Violation  of,  a  misdemeanor 37,41 

1893.  "Seal  fishery  (North  Pacific),  actof  1893" 41-43 

Repealed 67 

1894.  " Behring  Sea  award  act,  1894" 45-51 

1896.  "  Seal  fisheries  (North  Pacific),  act  of  1895  " 64-67 

Remain  in  force,  how  long 67 

To  wLat  animals  applicable 66 

To  what  waters  applicable 66 

Acts,  shipping 41,42,46,50,51,58 

Ada 22 

Agents,  British,  to  visit  Seal  Islands 6 

Agreement  for  arbitration , 6-10 

Agreement,  international 14,36 

Alfred  Adams 22 

Anna  Black 22 

Arbitration : 

Agreement  for 6-10 

Cases,  submission  of 7 

Points  to  be  decided 8 

Questions  for 7 

Tribunal,  how  constituted 7 

Tribunal,  meeting  of 7 

Areaof  protection 18,23,25,28,29,36,45,49,68 

Ariel 22 

Arms,  sealing  of 33,34 

Article  III,  order  in  council  revoked 61 

Award  of  Tribunal 15-23 

Annex  to,  A 21 

Annex  to,  B 21 

Auamto,0 22 

n 


74 


INDEX. 


PagA 

A.ward  act  (Congress),  April  6,  1894 2S-27 

Violation  of,  presaniptiou  of 27 

Proclamation  of 28-31 

Award  act  (Parliament),  "  Behring  Sea  award  not,  1894 " 45-60 

Goes  into  effect 48 

May  be  subpended 48 

Proceedings  in  oonrt  thereunder 48 

Remain  in  force,  hovr  long  to 48 

B. 

Bear,  reTenne  steamer 21 

Bering  8ea,  limits  of,  defined ..  89,40 

Black  DiamoM 22 

"British  autbority,"  meaning  of 69,71 

British  officers,  examine  and  seize 38,42,59,65 

British  ships : 

Sealing  by,  permitted............. 60,61,63 

Seizure  Of 42,44,45,46,59.65,68 

0- 
Carolena 22 

Catch,  entry  of 19,24,26,28,30,34,49,65 

Certilicate,  provisional 42 

Citizens  of  United  States,  penalities  extended  to 32 

Claims,  findings  of  Tribunal  aa  to 20-23 

Claims,  questions  of  fact  regarding 9 

Commission,  joint,  to  be  appointed 8 

Commissioner,  Fish  and  Fisheries 3 

To  investigate  habits  of  salmon 3 

To  investigate  methods  of  salmon  ii^licrios 3 

To  recommend  additional  law 3 

Compensation,  in  what  cases  to  be  paid 12 

Concurrent  regulations  for  protection  of  seals 18 

Contracting  parties,  liability  of 9,16 

Convention  of  Arbitration 6-10 

Corwin,  revenue  steamer,  seizures  by 22 

Council,  orders  in 37-71 

"Seal  fishing  (Behring's  Sea),  order  in  council,  1891" 38-39 

"Seal  fishing  (Behriug's  Sea),  order  in  council,  18'J2" 39-40 

"Seal  fishing  (Behriug's  Sea),  order  in  council,  18113" 40-41 

"Seal  fishing  (North  Pacific),  order  in  council,  1893" 43-44 

" Seal  fishing  (North  Pacific),  order  in  council,  1894 " 44-45 

Revoked 69 

"Behring  Sea  award,  order  in  council,  1894" 58-GO 

"Bi'hring  Sea  award,  order  in  council  (No.  2),  1894" 61-()2 

"  Behring  Sea  award,  order  in  council,  1895  " 62-03 

"Seal  fisheries  (North  Pacific),  order  in  council,  1895" 67-69 

Court,  admiralty,  jurisdiction  of 20 

Court,  Alaska,  district  of 21 

Courts,  procedure  before,  etc '  42 

D. 

Detention  of  seized  vessels 27,31,42,47,50,58,65,69 

Dolphin.. 22 


INDEX.  75 

Page. 
Dominion  of  United  States.     Section  1956,  Revised  Statntes,  extended  over 

Paris  award  ar«a 36 

B. 

"  Equipment,"  meaning  of 38,43,48,66 

Explosives  not  to  be  used 19,24,25,29,30,49 

Extension,  seotioo  1956,  Bevised  Statutes,  provisions  of 14 

P. 

Facts,  findings  of 20-23 

Favourite 22 

Findings  of  facts  by  Tribunal 20-23 

Firearms,  nse  of,  prohibited 19,24,25,29,30,49 

First  schedule 48-50 

Fitness  to  engage  in  sealing 24,29,33,49,61,63 

Flag,  sealing 19,24,25,28,30,33,49,60,61,63 

Fur-bearing  animals.    Section  1956,  Revised  Statutes,  extended  to  area  of  Paris 
award  under  act  of  February  21, 1893 85 

Q. 

Grace .• 22 

Great  Britain : 

Agents  of,  to  visit  Seal  Islands 5-12 

Questions  of  facts  submitted  by 20-22 

Will  pay,  in  what  oases 12 

I. 

Indians,  sealing  by,  permitted 19,24,26,30,49,50 

International  agreement 14,36 

J. 

Joint  commission 8 

Jnanita 22 

Jurisdiction,  in  case  of  seizure 6-12 

K. 
Kate 22 

L. 

Legal  procedure  under  "Behring  Sea  award  act,  1894" 51-68 

Liability  of  contracting  parties 9-16 

Libol  of  seized  vessels 21 

License,  soalhig 19,24,26,28,33,46,49,60,61,63 

License,  form  of 34,64 

Lily 22 

List  of  vessels  warned,  eto 22 

Log,  official,  entries  in 19,24,26,28,30,34,49,65 

M. 

Master  of  ship,  guilty,  eto. 47 

Meaning  of  "equipment" 38,43,48,66 

Meaning  of  "British  authority" 69,71 


7« 


IKDBX. 


Men,  fltneMof. 24,28,29,30,33,49,61 

Merohflnt  dipping  act,  1864 60 

Merchant  ataipping  act,  1876 68 

Minnie 22 

ModuB  Tlven^i,  June  15, 1891 4-6 

Mod  a»  Vivendi,  May  9, 1892,  renewal 11 

HowtiBTminate 12 

Renewal  of 11-13 

YiolatoTS  of,  to  be  seized 5-12 

Monioipal  law  not  i^eeted 19,24,29,48 

N. 
NetB,iiottobeiued 19,24,26,29,80,49 


O. 

Obfitraotions  in  rivers 

Official  log 19,24,26,28,30,34, 

Onward 


3 

49,66 
22 
21 

37-71 

38-39 
39-10 
4(M1 
43-44 
44-4u 
69 
68-60 
61-62 
62-63 
67-69 


Order  directing  seizures , 

Orders  in  council  and  acts  of  Parliament 

Orders  in  council : 

"  Seal  fishing  (Behring's  Sea),  order  in  council,  1891 " 

"Seal  fishing  (Behring's  Sea),  order  in  council,  1892" 

"  Seal  fishing  (Behring's  Sea),  order  in  council,  1893  " 

"  Seal  fishing  (North  Pacific),  order  in  council,  1893  " 

"Seal  fishing  (North  Pacific),  order  in  council,  1894" 

Revoked 

"Behring  Sea  award,  order  in  council,  1894" , 

*<BeIiringSea  award,  order  in  council  (No.  2),  1894" 

"Behring  Sea  award,  orde/  in  council,  1895" 

"  Seal  fisheries  (North  Pacific),  order  in  oooucil,  1895  " 

P. 

ParUament,  acts  of,  and  orders  in  conneil..... 37-71 

Pathfinder 22 

Pelagic  sealing  permitted 19,24,25,28,49 

Pelagic  sealing  prohibited 18,23,25,28,29,39,40,49,64 

Penalty  prescribed 26,37,41,46,61,63,66 

Points  submitted,  decision  on 17-18 

President,  the: 

To  make  regulations 26,30 

To  cause  seizures  to  be  made 4,27,31 

To  cause  vessels  to  cruise  in  Bering  Sea 4,27,31 

Proclamation  by — 

Modus  Vivendi 4-6 

Agreement  of  arbitration 6-10 

Renewal  modus  Vivendi. ..--..,.....,.... 11-13 

Award  act  (Congress) , 28-31 

Season  of  1896,  regulations... ^. 35-37 

Extension  of  Revised  Statutes,  section  1956,  over  award  area 35 

Presumption  of  violation 27 

PribUov  Islands 18,23,26,28,29,36 

Prize,  Joriadiotion 20 

Prooedore,  legal 61-68 


i]n)isx. 


77 


Pnxjednre,  legal  in  Scotland 65-58 

Proclamations  by  the  President 4-6,6-10,11-13,28-31,36-37 

ProviBiounl  certiflcate 42 

Prohibited,  the  taking,  etc.,  of  seals 3, '',  11, 

18, 23, 25.  28, 29, 35, 30, 37, 39, 40, 41, 44, 45, 49, 64, 67, 70 

Proof,  lies  with  master  or  owner 38,42 

Protection,  area  of 18,23,25,28,29,36,45,49,68 

B. 

Regulations,  concurrent 18 

How  terminated 19,25 

Revised  Statutes,  United  States 3,4,35 

Rush,  revenii    steamer 22 

Rules  and  regulations,  1896 33-34 


Salmon : 

Act  of  Congress,  March  2,  1889 

Ascent  of  rivers 

Habits  to  be  investigated 

Fishing  methods  to  be  investigated . 


8 

3 

3 

3 

Schedules 48-51 

Scotland,  legal  procedure  in 55-58 

Sea,  Bering,  limits  of,  detinod 39,40 

Sea  otter,  regalatiohs  for  1896 71-72 

Sealing  of  arms,  etc     t<2, 34 

Sealing : 

By  Indians,  permitted 19,24,26,30.49,50 

License  for 19,24,26,28,33,46,49,60,61,63 

Pelagic,  permitted 19,24,25,28,29,39,40,49,04 

Regulations  for 65 

Seals: 

Number  taken  by  United  States  under  modus  vivendi 4, 11 

Taken  to  be  entered  in  log 19,24,26,28,30,34,  t9,65 

Taking,  etc.,  of,  prohibited 3,  1,11,18.23, 

25, 28, 29, 35, 36, 37, 39, 40, 41, 44, 45, 49, 64,  (>7, 70 

Seized  vessels,  list  of 22 

Seizures  under  modus  vivendi : 

Made  by  either  party 5,12 

Delivered  to  proper  Nation 5, 12 

Jurisdiction  to  try 5, 12 

Why  made 20 

Seizures  under  award  act 27, 31 

Shipping  act,  1854 .50 

Shipping  act,  1876 58 

Shotguns  in  sealing 19,24,26,49 

Sixty-mile  limit 18,23,25,28,29,36,49 

Special  license ^ 19,24,26,28,33,46,49,60,61,63 

T. 

Termination,  renewed  modus 12 

Territorial  waters,  outside  of 19,25,26,29,30,50 

Thornton 22 

Tribunal,  Arbitration 7,8,9,15,17,18,33 


78  INDEX. 

United  States!                                              *  ^^*** 

List  of  Teaaels  seized  or  warned  by 22 

QuestioDBof  fact  acknowledged 22 

Seizorea  anthorized  by 20 

Will  pay,  in  what  oases 12 

V. 

Vessels,  list  of,  etc 22 

Vessels,  sealing,  to  report  to 34 

Violators,  award  act,  where  prosecuted , , 27  30 

W. 

W.P.  Sayward 22 

z.     ■ 

Zones,  prohibited 18,23,26,28,29,36,45,49,68 

O 


